Chetan Singh Rajput v. State Of Achhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3283 of 2019 • Chetan Singh Rajput S/o Rajeev @ Raju Singh Rajput Aged About 21 Years R/o Khamhardih, Shankar Nagar, Raipur, Police Station And District Raipur Chhattisgarh ---- Applicant

Versus

• State Of Achhattisgarh Through Station House Officer, Police Of Police Station - Azad Chowk, Raipur District Raipur Chhattisgarh ---- Non Applicant For the Applicant :

Shri B. L. Sahu, Advocate For Non Applicant :

Shri SRJ Jaiswal, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 27.06.2019

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. 114/2018 registered at Police Station- Azad Chowk, District- Raipur (C.G.) for the offence punishable under Sections 363, 366, 376 of Indian Penal Code and Section 4, 6 of Protection of Children from Sexual Offences Act.

3. Case of the prosecution, in brief is that on 19.05.2018, prosecutrix was more than 17 years of age. She is resident of Raipur. There was love affair between her and applicant. On 19.05.2018, she had left her paternal house. Applicant took her in his house and committed repeatedly sexual intercourse with her on pretext of the marriage.

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 above mentioned facts and circumstances of the case, looking to the prima facie material available on record against the applicant, 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/-Sd/- (Sharad Kumar Gupta) Judge Parul