High Court Of ChhattisgarhMCRC/5897/2018rejected

Lokesh Yadav v. State Of Chhattisgarh

2018-09-06Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5897 of 2018 Lokesh Yadav S/o Ramkamal Yadav Aged About 23 Years R/o Village Kachna, Post Office And Police Chowki Birejhar, Police Station Kurud, District Dhamtari Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Kurud, District Dhamtari Chhattisgarh. ---- Respondent For the Applicant :

Shri Shivendu Pandya, Advocate For the State :

Shri Satish Gupta, Govt. Advocate ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /09/2018

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 counsel for the State in connection with the Crime No. 30/2018 registered at Police Station Kurud, District Dhamtari (C.G.) for the offence punishable under Sections 376, 306, 309 & 202 of IPC and 4 of the Protection of Children from Sexual Offences Act.

3. Case of the prosecution, in brief is that deceased is near about 17 years old and was resident of village Madeli. There was a love affair between the deceased and the applicant. Applicant was married but concealing this fact he committed sexual intercourse on pretext of the marriage. Applicant abated deceased to commit suicide. Both decided to commit suicide. Deceased commit suicide by hanging. Applicant also attempted to commit suicide.

4. Counsel for the applicant submits that applicant is innocent and 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. Looking to the above mentioned facts and circumstances of the case, looking to the seriousness of the alleged offence and also the impact of granting bail on the society, this Court is not inclined to grant bail to the applicant.

7. Consequently, the MCRC is dismissed.

Sd/- (Sharad Kumar Gupta) Judge Kamde