High Court Of ChhattisgarhMCRC/3248/2019allowed

Sushil Adile v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3248 of 2019 • Sushil Adile S/o Awadhram Aged About 29 Years R/o Gautiya Para, Near Hanuman Mandir At Village - Jamuniya, Police Station Kawardha, District Kabirdham Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station - Pipariya, District Kabirdham Chhattisgarh ----Non Applicant For the Applicant :

Shri Dharmesh Shrivastava, Advocate For Non Applicant :

Shri Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 26.06.2019

1. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with Crime No.85/2018 registered at Police Station- Pipariya , District- Kabirdham(C.G.) for the offence punishable under Sections 363, 366, 376, 506 of Indian Penal Code and Section 3, 4 of the Protection of Children from Sexual Offences Act, 2012.

3. Case of the prosecution, in brief is that on 01.04.2018, prosecutrix was more than 16 years of age. She is resident of village Chachedi. Applicant who is the maternal uncle took her by enticing on pretext of the marriage

and committed repeatedly sexual intercourse with her.

4. Learned counsel for the applicant submits that applicant has no criminal background, he is innocent and has been falsely implicated in the present case, therefore, he may be released on bail.

5. On the other hand, learned counsel for the State opposes the bail application, however, submits that there is no criminal antecedent against the applicant in police case diary.

6. Looking to the 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 applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond of Rs.25,000/- to the satisfaction of the concerned trial Court with the condition that he will appear before the trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Parul