Daulat Banjare v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5691 of 2018 • Daulat Banjare S/o Dwarika Banjare, Aged About 20 Years, R/o- VillageMuswadih, Police Station- Simga, District- (Revenue And Civil)- Balodabazar-Bhatapara, Chhattisgarh., District : BalodabazarBhathapara, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Police Station- Simga, District (Revenue And Civil)- Balodabazar-Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ----Non-applicant For Applicant - Shri Sumit Jhawar, Advocate. For Non-applicant/State - Shri Lav Sharma, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 30-08-2018 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 09-05-2018 in connection with Crime No.128/2018 registered at P.S. - Simga, District (Revenue And Civil)- Balodabazar-Bhatapara, Chhattisgarh for the offence under Section 363, 366, 376 of the IPC and Section 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 09-05-2018. No case is made out against him. The prosecutrix in this case is above 18 years of age and she had consented for the relation and she has willingly accompanied the appellant to different places. Hence, it is prayed that the applicant may be released on 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.

-25.

The case against the applicant is this, that he abducted the minor prosecutrix on the date of incident and thereafter took her to various places where while staying he established physical relation with the minor prosecutrix on a number of occasions. Later on, when both came back, father of the prosecutrix has lodged the FIR. Subsequently, the prosecutrix was recovered and she has given statement against the applicant. Hence, this case. 6.

Considered on the material present in the case diary. After perusal of the statement of the prosecutrix in this case and also for the reason that the case is now before the trial Court and the trial is likely to take some time before its conclusion, I am of this opinion that this applicant should be granted regular bail.

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