Ramsautar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9588 of 2018 Ramsautar son of Somaru, aged about 20 years, R/o Village Kotdih, Chauki Daura, Thana Pasta, District Balrampur Ramanujganj (CG). ---- Applicant

Versus

State of Chhattisgarh, through Chauki Daura, Thana Pasta, District Balrampur Ramanujganj (CG). ---- Non-applicant For Applicant : Mr. A.K. Yadav, Advocate.

For Non-applicant : Mr. S.R.J. Jaiswal, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 15.01.2019 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.37/2018 registered at Police Station Pasta, District Balrampur Ramanujganj for the offence punishable under Sections 450, 376(2) (n) of Indian Penal Code.

3.

Case of the prosecution, in brief is that on 25.10.2017, the prosecutrix was aged about 18 years old. She is a resident of village Kotdih. On 25.10.2017 and, thereafter, the applicant committed repeatedly sexual intercourse with her. On 31.01.2018 she was married with some person, within 5 1⁄2 months of marriage, she gave a birth of child, due to which, a dispute was arisen between her and her husband. Thereafter, the prosecutrix gave an application against the applicant in Police Chowki, Daura on 22.07.2018. 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.

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. Accordingly, the bail application is allowed. 7.

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. 8.

Certified copy as per rules.

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