Raja @ Deepak Rathor v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9737 of 2018 Raja @ Deepak Rathor, S/o Shri Shankar Lal Rathor, aged about 18 years, R/o Bhagat Chauk, Janjgir, Police Station Janjgir, Civil & Revenue, District Janjgir Champa (CG). ---- Applicant
Versus
State of Chhattisgarh, through Station House Officer, Police Station Janjgir, Civil and Revenue District Janjgir Champa (CG). ---- Non-applicant For Applicant : Mr. Parasmani Shrivas, Advocate.
For Non-applicant : Mr. S.R.J. Jaiswal, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 16.01.2019 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.700/2018 registered at Police Station Janjgir, District Janjgir Champa for the offence punishable under Sections 363, 366(A) of IPC and Sections 11, 12 & 17 of Protection of Children from Sexual Offences Act, 2012.
3.
Case of the prosecution, in brief is that on 09.11.2018, the prosecutrix was aged about 16 years. She is a resident of village Purani Basti Nanakchal, Janjgir. The prosecutrix was in contract of co-accused Sumit Kahara. On 09.11.2018 at about 5:00 p.m., co-accused Sumit Kahara called her. The applicant was alongwith the said co-accused. The said co-accused took her and sat her in his motorcycle by enticing on the pretext of marriage and motorcycle was driving by the applicant. The applicant left her and co-accused at near Railway Station, Champa and he returned back. 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 however he submits that no criminal antecedent reported against the applicant in police case diary.
6.
As per enclosed true copy of statement of the prosecutrix recorded under Section 164 of CrPC in which she has stated that she loves with the said co-accused, therefore, she was going to Bilaspur along with him for roaming. 7.
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. 8.
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. 9.
Certified copy as per rules.
Sd/- (Sharad Kumar Gupta) JUDGE L/-