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High Court Of ChhattisgarhMCRC/5737/2019allowed

Ravi Verma @ Virat v. State Of Chhattisgarh

2019-11-07Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5737 of 2019 • Ravi Verma @ Virat S/o - Kanshiram Verma Aged About 19 Years R/o - Village Sirri, Police Station Ranchirai, District Balod Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Balod, District Balod Chhattisgarh.

---- Respondent For Applicant :

Mr. Jitendra Gupta, Advocate.

For Respondent :

Ms. Reena Singh, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 07/11/2019 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 128/2019 registered at Police Station - Balod District Balod (C.G.) for the offence punishable under Section 363, 366, 376 of IPC and Sections 4 & 6 of POCSO Act. • The prosecution story in brief is that the father of prosecutrix has lodged the missing report of her daughter. On the basis of that, after investigation, offence has been registered against the applicant and he was arrest on 08.04.2019. • Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. Charge-sheet has been filed and the prosecutrix herself has not supported the case and turned hostile. He further submits that applicant is jail since 08.04.2019, there is no previous antecedent against him, therefore, the present appellant may be released on bail.

• On the other hand, counsel for the State opposes the bail application.

• I have heard learned counsel for the parties and perused the case diary.

• Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, further considering the that fact that the prosecutrix has not supported the case and turned hostile, the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

• Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu