Jogiram Kujur v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9051 of 2018 Jogiram Kujur S/o Budhan Sai Aged About 22 Years R/o Ganpatpur (Gelhapani), Police Station- Police Chowki, Raigmakhurd (Dharmjaigarh), District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Police Chowki- Raigmakhurd(Dharamjaigarh), Civil And Revenue District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh. ---- Respondent For the Applicant :

Shri Ajeet Kumar Yadav, Advocate For the State :

Shri R.K. Pandey, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /12/2018

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.180/2017 registered at Police Station Police Chowki Raigmakhurd (Dharamjaigarh) District Raigarh (C.G.) for the offence punishable under Section 376 of IPC and Section 4 & 6 of POCSO Act.

3. Case of the prosecution, in brief is that prosecutrix is about 17 years old. She is resident of village Ganpatpur. From one year back to onwards he committed sexual intercourse with her on pretext of marriage. She and he used to like each others. Thereafter he refused to marry with her.

4. Learned counsel for the applicant submits that he has innocent and falsely implicated in the present case, therefore, he shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicant.

6. Looking to the facts and circumstances of the case,looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, 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 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 cooperate during the trial, he shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde