Peeleshwar Patil v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3674 of 2019 Peeleshwar Patil S/o Purshottam Patil Aged About 21 Years R/o Village Shankra, Police Station And Tahsil Berla, District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Berla, District Bemetara Chhattisgarh. ---- Respondent For the Applicant :

Shri Sanjeev Kumar Sahu, Advocate For the State :

Shri Ashutosh Pandey, 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 is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.156/2019 registered at Police Station Berla, District Bemetara (C.G.) for the offence punishable under Sections 363, 366 of IPC and Section 8,12 of POCSO Act.

3. Case of the prosecution, in brief is that on 10/05/2019 prosecutrix was more than 17 years of age. She is resident of village Sankra. There was the love affair between her and applicant. On 10/05/2019 applicant took her in his house by enticing on pretext of marriage. She lived in his house for two days.

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.

6. As per the copy of statement of the prosecutrix recorded under Section 164 of CrPC, she herself went in the house of applicant.

7. Looking to the above mentioned facts and circumstances of the case, looking to the material available on record, it is ordered 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 Court with the condition that he shall 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 Kamde