Maninder Singh @ Banti Sardar v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6207 of 2018 • Maninder Singh @ Banti Sardar S/o Kanwarjeet Singh Aged About 37 Years R/o Qtr. No. 7-A, Street No.10, Sector -10, Bhilai Nagar, Police Station Bhilai Nagar, Tahsil And District Durg, Chhattisgarh. ---- Applicant
Versus
• State Of Chhattisgarh Through The District Magistrate Durg, District Durg, Chhattisgarh.
---- Non-applicant For Applicant : Shri Jitendra Gupta, Advocate For Non-applicant : Shri Surya Kant Mishra, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 05.10.2018 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. 297/2018 registered at Police Station - Bhilai Nagar, District - Durg (C.G.) for the offence punishable under Section 376 of the Indian Penal Code.
3.
Case of the prosecution, in brief is that prosecutrix is near about 33 years old, she is resident of Sector 10 Bhilai. She was doing sweeping and swabbing in the house of applicant. On 16.05.2016 at about 9 am applicant committed forcible sexual intercourse with her.
Thereafter, he committed repeated sexual intercourse with the prosecutrix.
4.
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. 5.
On the other hand, learned counsel for the State opposes the bail application, however, he submits that there is no antecedent against the applicant.
6.
Looking to these facts and circumstances of the case, looking to this fact that prosecutrix turned hostile, 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.
7.
Accordingly, the present bail application filed under Section 439 of the Cr.P.C., is allowed.
8.
It is directed that if the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond in the 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. 9.
Certified copy as per rules.
Sd/- (Sharad Kumar Gupta) JUDGE kishore