Sheikh Saddam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7172 of 2018 Sheikh Saddam, son of Shri Sheikh Hussain, aged about 20 years, R/o Ward No.13, Chaitma, P.S. Pali, District Bilaspur(CG). ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station Kota, Bilaspur(CG).

---- Non-applicant For Applicant : Mr. N.K. Chatterjee, Advocate.

For Non-applicant : Mr. Ashok Kumar Swarnakar, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 01.11.2018 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.142/2018 registered at Police Station Sakari, District Bilaspur for the offence punishable under Sections 363, 366, 376 of IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012.

3.

Case of the prosecution, in brief is that on 11.05.2018 the prosecutrix was below than 16 years old. There was a love affair between the applicant and prosecutrix. On 11.05.2018, the applicant took away the prosecutrix in forest and where he committed sexual intercourse 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.

As per enclosed photocopy of the statement of the prosecutrix recorded under Section 164 of CrPC by the trial Court in which she stated that she has left her parental house on her own will and went to meet with the applicant.

8.

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.

9.

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

10.

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. 11.

Certified copy as per rules.

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