Respondent-side application under Section 439 CrPC for regular bail was allowed. The applicant, detained since July 2019, was released on executing a bond of Rs. 25,000 with one surety in equal amount.
Release on regular bail upon furnishing a personal bond of Rs. 25,000 with one surety for the like sum.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 5644 of 2019
---- Applicant
Versus
---- Respondent
For Applicant : Shri Manoj Kumar Dubey, Advocate For Respondent/State : Shri Samir Sharma, Dy. GA
Hon'ble Smt. Justice Rajani Dubey
Order On Board
06/11/2019
The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.170/2019 registered at police station Gole Bazar, District Raipur (CG) for the offence punishable under Section 376 and 506 IPC and Section 4 and 6 of the Protection of Children from Sexual Offences Act.
Case of the prosecution in brief is that the applicant and the prosecutrix were having love affair and they have also developed physical relations. It is alleged that the applicant had developed relations on the pretext of marriage and he also used to threaten the prosecutrix to marry him.
Counsel for the applicant submits that the applicant has been falsely implicated in the crime and the prosecutrix was a consenting party. He submits that the applicant is in jail since 05.07.19; the charge sheet has already been filed and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion.
On the other hand counsel for the State opposes the bail application.
Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed.
It is directed that in the event of the applicant’s furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.
Sd/(Rajani Dubey) Judge
suguna
1 issue framed by the court
Whether bail should be granted to the applicant who is in custody pending trial for offences under Section 376 IPC and POCSO Act.
1 provisions across 1 enactments
N. Kailash Rao
State Of Chhattisgarh
Rajani Dubey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
