High Court Of ChhattisgarhMCRC/3233/2019allowed

Raju @ Deepak Das v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3233 of 2019 • Raju @ Deepak Das S/o Mohit Das Aged About 24 Years R/o Katkalo, Police Station- Darima, District- Surguja, Chhattisgarh ---- Applicant

Versus

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

Shri Sushil Dubey, 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.54/2019 registered at Police StationDarima(C.G.) for the offence punishable under Sections 354(A), 456, 323, 506-B of Indian Penal Code and Sections 8 and 12 of POCSO Act.

3. Case of the prosecution, in brief is that prosecutrix is about 17 years old. She is resident of village Katkalo. On 11.04.2019, at about 19:00 hours applicant entered in her house and used criminal force on her body to outrage her modesty.

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.

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 two solvent sureties for a sum of Rs.25,000/- along with a personal bond of Rs.50,000/- to the satisfaction of the concerned trial Court with the condition that he shall not commit such type of crime in future, 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