Ganesh Markam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5726 of 2018 • Ganesh Markam S/o Rajman Markam Aged About 25 Years Residing At Village Kotvel P.S. Farasgaon, District- Kondagaon, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through- The Police Station Farasgaon, DistrictKondagaon, Chhattisgarh. ---- Non-applicant For Applicant : Shri P.K. Tulsyan, Advocate.

For Non-applicant : Shri Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 31.08.2018 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. 12/2018 registered at Police Station - Farasgaon, District - Kondagaon (C.G.) for the offence punishable under Section 376, 306 of the Indian Penal Code. 3.

Case of the prosecution, in brief is that deceased was near about 19 years old. She was resident of Kotvel, Gudripara. Since back 2 years from 10.02.2018, she was having physical relation with the applicant. She became pregnant. When the matter was inquired from her then she stated that she has become pregnant on account of sexual intercourse committed by the applicant. Later on applicant refused to

keep her. On 10.02.2018, deceased committed suicide by consuming some poisonous substance.

4.

Learned counsel for the applicant argued that prosecution has not filed the DNA report, there is no such evidence that allegedly applicant had abetted deceased to commit suicide, 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.

6.

At this stage while bail matter is pending, applicant does not get any help from the non filing of DNA report by the prosecution. 7.

Looking to the facts and circumstances of the case, looking to the allegation and seriousness of the offence, age of the deceased, looking to the impact of granting bail to the applicant on society, this Court is not inclined to give benefit of Section 439 of the Cr.P.C. to the applicant. 8.

Consequently, the present bail application is rejected. 9.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore