Rajendra Sakhre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6851 of 2018 Rajendra Sakhre S/o Shankar Lal Sakhre Aged About 18 Years R/o - Butipara, Paragaon, P.S. - Gobra Nawapara, District - Raipur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through - S.H.O. Police Station - Gobra Nawapara, Raipur, District - Raipur, Chhattisgarh. ---- Respondent For the Applicant :

Shri Pushkar Sinha, Advocate For the State :

Shri Sumit Jhawar, 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.105/2018 registered at Police Station Gobra Nawapara, Raipur, District Raipur (C.G.) for the offence punishable under Sections 384, 34 of IPC, 67(A)(B) I.T. Act & 14, 15 of POCSO Act.

3. Case of the prosecution, in brief is that prosecutrix is about 17 year old. She is resident of village Nawapara, District Raipur. Co-accused Ayush had taken her obscene photographs. Co-accused Ayush had sent the said photographs to the mobile of co-accused Khilesh Dewangan. Coaccused Khilesh Dewangan had sent the said photographs to coaccused Abhishek. After sometime, Rs. 10,00,000/- was demanded from the father of the prosecutrix. Applicant had arranged the SIM for coaccused Ayush.

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. The complicity of the applicant has been shown in the memorandum of the co-accused Khilesh Dewangan which is not admissible in evidence.

7. In this case this Court has granted the bail to co-accused Khilesh Dewangan on 20/08/2018. The case of the applicant is not more severe than co-accused Khilesh Dewangan.

8. Looking to the above mentioned facts and circumstances of the case, it is ordered that if the applicant furnishes two solvent sureties for a sum of Rs. 25,000/- each along with one personal bond of Rs. 50,000/- to the satisfaction of the trial Court concerned with the condition that he will not involve himself in any of the crime in future, he be released on bail.

9. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde