Praveen Sonwani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6664 of 2019 • Praveen Sonwani S/o Malik Ram Sonwani Aged About 22 Years R/o Village Bardih, Police Station Suhela, District Baloda BazarBhatapara, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through - S.H.O., Police Station Suhela, District Baloda Bazar-Bhatapara, Chhattisgarh.

---- Respondent For Applicant :

Mr. Ravindra Sharma, Advocate.

For Respondent :

Mr. Vaibhav K. Agrawal, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 06/12/2019 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 191/2019 registered at Police Station - Suhela, District Baloda Bazar- Bhatapara (C.G.) for the offence punishable under Sections 363, 366-A & 376 of IPC & Section 6 of Protection of Children for Sexual Offences Act. • The prosecution story in brief is that, on 04.07.2019, father of the prosecutrix lodged complaint stating that on 01.07.2019, the prosecutrix left her house without informing anyone. On the basis of the complaint, police registered the missing complaint against the unknown person. After completion of investigation, offence has been registered against the applicant and he has been arrested.

• Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the age of the prosecutrix is above 17

years and there was a love affairs between the applicant and prosecutrix. He next submits that the applicant is in jail since 25.07.2019, therefore, the present applicant may be released on bail.

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

• I have heard learned counsel for the parties. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, age of the prosecutrix and further considering the detention period of the applicant, the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

• Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu