Vikas Bharti v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7149 of 2018 • Vikas Bharti S/o Suresh Bharti Aged About 22 Years R/o Post And Police Station Sukma District Sukma CG ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Sukma District Sukma CG ---- Respondent For applicant Mr. P.R. Patankar, Adv.

For Respondent/State Mr. SK Mishra, PL Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 27-101. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other court.

2. The applicant has been arrested in connection with Crime No. 31/2018 registered in police station Sukma, Distt. Sukma (CG) for offence punishable under Section 363, 366, 376 of IPC.

3. Prosecution story in brief is that on 17-4-1018, the prosecutrix was more than 16 years of age. She is resident of village Bagichapara, Sukma. On 17-4-2018, applicant took her away on the pretext of marriage and committed sexual intercourse with her. As per enclosed photocopy of the statement of the prosecutrix recorded by the trial Court, she has turned hostile.

4. Counsel for the applicant argued that the applicant is innocent and falsely implicated hence he be released on bail.

5. On the other hand, the Panel Lawyer appearing for the State opposed the bail application. However, he submits that no criminal antecedent of the applicant is reported in the police case diary.

6. Looking to the above facts and circumstances of the case, and

as trial will take its own time, the application is allowed. It is ordered that if the applicant furnishes one solvent surety for a sum of Rs. 25,000/- along with one personal bond of the like sum to the satisfaction of the trial Court concerned with the condition that he will appear before the concerned trial Court at 11 AM as and when directed till trial, he be released on bail.

7. CC as per rules.

Sd/- (Sharad Kumar Gupta) Judge Pathak