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High Court Of ChhattisgarhMCRC/4940/2018allowed

Anil Ratre v. State Of Chhattisgarh

2018-08-01Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4940 of 2018 • Anil Ratre S/o Ghasiram Ratre, Aged About 22 Years, R/o Gram Ahilda Chowki, P.S. Kasdol, Tehsil and District Balodabazar-Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Gidhauri, District Baloda Bazar-Bhatapara (Chhattisgarh), District : BalodabazarBhathapara, Chhattisgarh ----Non-applicant For Applicant - Shri Anjiesh Shukla, Advocate. For Non-applicant/State - Shri Anil S. Pandey, Govt. Advocate. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 01-08-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 06-05-2018 in connection with Crime No.100/17 registered at P.S. - Gidhauri, District Baloda Bazar - Bhatapara, Chhattisgarh for the offence under Section 363, 366, 376 of the IPC and 17, 18, 04 of POCSO Act.

2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in jail since 06-05-2018. No case is made out against the applicant according to the statement given by the prosecutrix under Section 164 of the Cr.P.C. Charge sheet has already been filed and the case is pending for trial. Hence, it is prayed that the applicant may be granted regular bail.

3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the case diary. 5.

It is alleged that the applicant abducted the minor prosecutrix and

-2committed the offence of rape with her. Hence, this case. 6.

After considering on the material present in the case diary and perusing the statement of the prosecutrix under Section 164 of the Cr.P.C., I feel inclined to grant regular bail to this applicant.

7.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil