High Court Of ChhattisgarhMCRC/7152/2018allowed

Bee Aniket v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7152 of 2018 Bee Aniket S/o Bee Peetar Poul Raju Aged About 19 Years R/o VillageBhadhakpana, Thana And District Vijaynagaram, Present Address - Qu. No. 1b, Type 1, Sector -6, Bhilai Nagar, District - Durg, CG ---- Applicant

Versus

State of Chhattisgarh through Police Station - Bhilai Nagar, District - Durg, CG ---- Respondent For applicant Mr. Vikas Pandey, 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. 220/2018 registered in police station Bhilai Nagar (CG) for offence punishable under Section 363, 366, 376 of IPC and Section 3 and 4 of POCSO Act.

3. Prosecution story in brief is that the prosecutrix was more than 16 years of age on 5-4-2017. She is resident of Bhilai Nagar. There was love affair between applicant and the prosecutrix. The applicant took the prosecutrix in a house, committed sexual intercourse on the pretext of marriage.

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