Sonu Pando @ Sonalal v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6754 of 2018 Sonu Pando @ Sonalal S/o Shivprasad Pando Aged About 19 Years R/o- Tilwandand, Tahsil Baikunthpur, District- Korea, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ---- Applicant
Versus
State Of Chhattisgarh Through- Station House Officer, Police Of Police Station- Charcha, District- Korea, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh.
---- Respondent For the Applicant :
Shri Anil Gulati, Advocate For the State :
Shri A.K. Swarnkar, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /10/2018
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.78/2018 registered at Police Station Charcha, District Korea (C.G.) for the offence punishable under Sections 363, 366, 376 of IPC and Section 4, 6 of POCSO Act.
3. Case of the prosecution, in brief is that on 26/05/2018 prosecutrix was more than 16 years old. She is resident of village Pandopara. There was a love affair between her and the applicant since two months back from the date of incident. On 26/05/2018 she had left her parental house and reached near Railway line. Applicant committed sexual intercourse with her and physical relationship was continued.
4. Learned counsel for the applicant submits that he 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. He further submits that there is no antecedents against the applicant.
6. Looking to the above mentioned 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 the benefit of Section 439 of the Cr.P.C. to the present applicant.
7. Consequently, the bail application filed under Section 439 of the Cr.P.C., is allowed. 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 Court with the condition that he shall 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.
8. Certified copy as per rules.
Sd/- (Sharad Kumar Gupta) Judge Kamde