Brajesh Korram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8264 of 2019 • Brajesh Korram, aged about 23 years, S/o Maniram Korram, resident of Toynar Dhodagi Para, P.S. Jhara, District Narayanpur (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Jharaghati, District Narayanpur.

---- Respondent For Applicant :

Shri Raza Ali, Advocate.

For Respondent :

Shri B.L. Sahu, P.L.

Hon'ble Smt Justice Rajani Dubey Order on Board 27/01/2020 1.

The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.4/2019, registered at Police Station - Jharaghati, Narayanpur (C.G.) for the offence punishable under Sections 366, 376 IPC and Sections 4 and 6 of POCSO Act, 2012. 2.

The prosecution case, in brief, is that the applicant, on false pretext of marriage, eloped with the prosecutrix and established physical relationship with her as a result of which she became pregnant. Based on this, offence has been registered. The present applicant has been taken into custody on 27.06.2019.

3.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the prosecutrix, in her 164 CrPC statement, has not stated anything against the applicant and turned hostile. He also submits that the applicant is in

custody since 27.06.2019, charge sheet has been filed and there is no likelihood of his case being decided in near future. Therefore, he may be released on bail.

4.

On the other hand, learned counsel for the State opposed the bail application.

5.

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

6.

Considering the totality of the facts and circumstances of the case, quality of evidence, and further considering the fact that the applicant is in custody since 27.06.2019, charge sheet has been filed and the trial is likely to take some time, without further commenting on merits of the case, I am inclined to release the applicant on bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the applicant shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one solvent surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge Pekde