Devendra Kumar Rajwade v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7457 of 2019 • Devendra Kumar Rajwade, S/o Hari Ram, Aged About 20 Years, R/o Village Amalbhiti, P.S.- Darima, District- Surguja, Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh, Through The Station House Officer, Police Station- Darima, District- Surguja, Chhattisgarh. ---- Respondent For Applicant : Mr. Jitendra Shrivastava, Adv.

For Respondent/State : Mr. Wasim Miyan, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 14.01.2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 99/2019 registered at Police Station- Darima, District- Surguja (C.G.) for the offence punishable under Sections 363, 366, 376 (2) (<) of IPC & Sections 4, 6 of the POCSO Act, 2012 and Sections 3 (2) (v) of the Scheduled Tribes (Preventions of Atrocities) Act, 1989.

2. The prosecution story, in brief is that, on the pretext of marriage, the applicant took her on 24.07.2019 and kept her in a rented house and committed sexual intercourse with her continuously. Thereafter, offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that age of the prosecutrix is above 16 years. The applicant is in jail since 10.10.2019, there is no likelihood of his case being decided in near future, therefore, the present applicant

may be released on bail.

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

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that the age of the prosecutrix is above 16 years. The applicant is in jail since 10.10.2019 and 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.

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

Sd/- (Rajani Dubey) Judge Ruchi