Pradeep Minj v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6877 of 2018 Pradeep Minj, son of Lal Sai Minj, aged about 24 years, R/o Village Kharbahar Khekhahipara, P.S. Lailunga District Raigarh (CG). ---- Applicant

Versus

State of Chhattisgarh, through Police Station Lailunga, District Raigarh(CG).

---- Non-applicant For Applicant : Mr. Vineet Kumar Pandey, Advocate.

For Non-applicant : Mr. Ashok Kumar Swarnakar, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 24.10.2018 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 counsel for the State in connection with Crime No.328/2017 registered at Police Station Lailunga, District Raigarh for the offence punishable under Section 376(2)({) of Indian Penal Code.

3.

Case of the prosecution, in brief is that on 29.05.2017 the prosecutrix is aged about 22 years. She is resident of village Kilkala Lailunga. On 29.05.2017 the applicant committed sexual intercourse with her on the pretext of marriage and, thereafter, he committed sexual intercourse with her so many times as a result she became pregnant. Subsequently, he refused to marry with her.

4.

Counsel for the applicant submits that the applicant has not

committed any offence. He is innocent and has been falsely implicated in the present case, therefore, he may be released on bail. 5.

On the other hand, counsel for the State opposes the prayer for grant of bail to the applicant. He further submits that no criminal antecedent is reported against the applicant in police case diary. 6.

I have heard counsel for the parties and perused the case diary with utmost circumspection.

7.

Looking to these facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence; and the trial is likely to take some more time for its final disposal, this Court is inclined to give benefit of Section 439 of the Cr.P.C. to the applicant.

8.

Accordingly, the present bail application filed under Section 439 of the Cr.P.C., is allowed.

9.

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 shall appear before the Trial Court at 11:00 am as and when directed till trial and he would co-operate during the trial, he shall be released on bail. 10.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE L/-