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High Court Of ChhattisgarhMCRC/3245/2019allowed

Rajesh Kuldeep v. The State Of Chhattisgarh

2019-06-26Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3245 of 2019 Rajesh Kuldeep S/o Kamal Das Mahant Aged About 24 Years R/o Kurda, Tahsil And Thana Malkharoda, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh. ---- Applicant

Versus

The State Of Chhattisgarh Through District Magistrate District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh.

---- Respondent For the Applicant :

Shri Parag Kotecha, Advocate For the State :

Ms. M. Asha, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /06/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.70/2019 registered at Police Station Hasod, District Janjgir-Champa (C.G.) for the offence punishable under Section 354, 354 A(1)(2) of IPC and Section 67 B of I.T. Act.

3. Case of the prosecution, in brief is that prosecutrix is about 19 years old. She is resident of village Devrimath. From 15/08/2018 to 18/02/2019 applicant molested her. Under his pressure she used to talk with him. She was video calling him in nude condition due to his pressure. He was pressurizing her to commit sexual intercourse with him. He viral her nude photographs on whatsapp and send to her family members.

4. Learned counsel for the applicant submits that he is innocent and falsely implicated in the present case, therefore, he may be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicant

is reported in the Police Case Diary.

6. Looking to the above mentioned facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, it is directed that if the applicant furnishes two solvent sureties each for a sum of Rs. 25,000/- along with one personal bond of Rs. 50,000/- to the satisfaction of the trial Court concerned with the condition that he will not involve himself in any of the crime in future, he be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde