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High Court Of ChhattisgarhMCRC/7167/2018allowed

Ravi Swarnkar v. State Of Chhattisgarh

2018-10-27Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7167 of 2018 Ravi Swarnkar S/o Premchand Swarnkar Aged About 30 Years R/o Kripal Nagar Behind Xavier School Kohka Bhilai Chowki Smriti Nagar Police Station Supela Bhilai Tahsil And District Durg CG ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer Police Station Supela Bhilai District Durg CG ---- Respondent For applicant Mr. Awadh Tripathi, Adv.

For Respondent/State Mr. S.K. 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. 705/2018 registered in police station Supela Bhilai, Distt. Durg (CG) for offence punishable under Section 376, 506 of IPC.

3. Prosecution story in brief is that prosecutrix is aged about 24 years and resident of Shantinagar, Bhilai. On 5th March, 2017 she had gone to the house of the applicant to know from his mother as to how meal is cooked in microwave oven. When her mother was cooking meals in kitchen, he called her in a room, bolted it and committed sexual intercourse with her. He also threatened her that if she would narrate the incident to her family members, he will throw acid on her. Thereafter he started to blackmail her giving threats to viral her necked photographs.

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