Narendra @ Lalu Maravi v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3366 of 2019 • Narendra @ Lalu Maravi S/o Shri Ramayan Singh Maravi Aged About 21 Years R/o Village Baksahi, Thana- Pali, District- Korba, Chhattisgarh................ (Father Name Of The Applicant Narayan Wrongly Mention In Impugned Order), District : Korba, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Deepka, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh ---- Non-applicant For Applicant : Shri Vikash Pandey, Advocate.

For Non-applicant : Shri Vikram Dixit, Govt. Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 28.06.2019 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. 71/2019 registered at Police Station - Deepka District - Korba (C.G.) for the offence punishable under Sections 363, 366, 376 of the Indian Penal Code and Sections 4, 6 of the POCSO Act, 2012. 3.

Case of the prosecution, in brief is that on 01.04.2019 prosecutrix was more than 17 years of age. She is resident of Deepka, district - Korba. There was a love affair between her and applicant. On 01.04.2019 applicant took her by enticing in his house situated at Siltara, Raipur and committed repeatedly

sexual intercourse with her.

4.

Learned counsel for the applicant submits that the applicant has no criminal background. He is innocent and has been falsely implicated in the present case, therefore, he shall be released on bail. 5.

On the other hand, learned counsel for the State opposes the bail application, however, submits that there is no antecedent against the applicant.

6.

As per the photo copy of the statement of the prosecutrix recorded under Section 164 CrPC which is part of the petition, she had told applicant to take her to Raipur. Applicant had not committed sexual intercourse with her. 7.

Looking to the above mentioned facts and circumstances of the case, looking to the prima facie material available in 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 the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond in the like sum 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 shall be released on bail. 8.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore