Lakhan Banjara v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5153 of 2018 • Lakhan Banjara S/o Samaru Banjara Aged About 23 Years R/o Jallikhurd, Police Station Fasterpur, District- Mungeli, Chhattisgarh....(In Jail). ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, Police Of Police Station- Fasterpur, District- Mungeli, Chhattisgarh. ---- Non-applicant For Applicant : Shri Dharmesh Shrivatava, Advocate.

For Non-applicant : Shri Sumit Jhanwar, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 21.08.2018 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. 25/2018 registered at Police Station - Fasterpur, District - Mungeli (C.G.) for the offence punishable under Sections 363, 366, 376 of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012. 3.

Case of the prosecution, in brief is that the prosecutrix is resident of Jallikhurd, district - Mungeli. Her date of birth is 01.01.2001. One year prior to 02.03.2018 the applicant committed sexual intercourse with the prosecutrix on the pretext of marriage. On 02.03.2018 he had taken

her away.

4.

The applicant is in custody since 25.03.2018. Charge sheet has been filed.

5.

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. 6.

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

7.

As per the copy of the statements recorded u/s 164 Cr.P.C. she and applicant had the love affair. On 02.03.2018 she had told to applicant to abscond. She herself gone in the house of the applicant. 8.

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, the trial will take its own time, this Court is inclined to give benefit of Section 439 of the Cr.P.C. to the present applicant. 9.

Accordingly, the present bail application filed under Section 439 of the Cr.P.C., is allowed.

10.

It is directed that if the applicant furnishes one solvent surety for a sum of Rs.30,000/- along with a personal bond of 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. 11.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore