Sonu Kashyap v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 215 of 2020 • Sonu Kashyap S/o Chandrakumar Kashyap Aged About 23 Years R/o Behind Govt. School Lingiadih, Rajkishore Nagar, Police Station Sarkanda, District Bilaspur Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Sarkanda, District Bilaspur Chhattisgarh.

---- Respondent For Applicant.

:

Mr. S.S. Baghel, Advocate.

For Respondent/State :

Mr. Akhtar Hussain, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 24.02.2020

1. The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 1132/2019 registered at Police Station - Sarkanda, District Bilaspur (C.G.) for the offence punishable under Section 376 of IPC and Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

2. The allegation against the present applicant is that, on the pretext of marriage, he committed sexual intercourse with the prosecutrix. Based on that, offence has been registered against the applicant and he has been arrested.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He next submits that prosecutrix is above 21 years of age, there was love affair between the parties and she was also a

consenting party. Applicant is in jail since 07.12.2019 and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this court, therefore, the present applicant may be released on bail.

4. Per contra, State counsel 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, age of the prosecutrix and further considering that the applicant is in jail since 07.12.2019 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 surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu