Girvar Verma v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6707 of 2019 • Girvar Verma S/o Ganga Ram Verma Aged About 30 Years R/o Village Kolihapuri, P.S. Dongargarh, District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Khairagarh District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------- For Applicant : Shri S.S. Baghel, Advocate For Respondent/State : Shri B.L. Sahu, Panel Lawyer -------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 09.12.2019 1.

Heard.

2.

This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.129/2018, registered at Police Station Khairagarh, District Rajnandgaon(CG) for the offence punishable under Sections 363, 366, 376 of the IPC and Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012.

3.

As per the case of prosecution, father of the prosecutrix lodged a report that the applicant has taken away his daughter on account of pretext of marriage and committed sexual intercourse with her.

4.

Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the crime. He submits that the prosecutrix, who is aged more than 16 years of age, was a consenting party and she has turned hostile. He further submits that the applicant is in jail since 29.4.2019 and trial may take some time for its final disposal therefore, the applicant may be released on bail. 5.

On the other hand, learned counsel for the State opposes the bail application.

6.

Perused the entire material available on record. 7.

Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant and the prosecutrix has turned hostile and she is aged above 16 years, I am of the opinion that present is a fit case to release the applicant on bail.

8.

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

9.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

10.

Certified copy as per rules.

Sd/ (Rajani Dubey) JUDGE sunita