High Court Of ChhattisgarhMCRC/910/2020allowed

Raju Bhagat v. State Of Chhattisgarh

2020-03-18Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 910 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 910 of 2020 • Raju Bhagat S/o Bhagirathi Bhagat Aged About 29 Years Caste Uraon, R/o Village Uttar Regaon, Police Station Tamnar, District - Raigarh Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through The Station House OfÏcer, Police Station Tamnar, District Raigarh Chhattisgarh ---- Respondent For Applicant Mr. Keshav Prasad Gupta, Advocate For Respondent /State Ms. Fouzia Mirza, Additional Advocate General Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 18/3/2020

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.173/2019, registered at Police Station Tamnar, District Raigarh (CG) for the offence punishable under Sections 376 & 417 of IPC.

3. The applicant has allegedly committed sexual intercourse with the prosecutrix, aged about 19 years, for a period of one year on promise to marry. However, later on, the applicant married

MCRC No. 910 of 2020 another girl and refused to own the child born to the prosecutrix out of their relationship. There is no DNA report till this date substantiating that the applicant is the biological father of the child born to the prosecutrix.

4. Since the prosecutrix is more than 18 years of age and she entered into consensual sexual relationship with the applicant for about a year as also for the reason that the applicant is in jail since 10.9.2019, I am of the opinion that present is a fit case to release the applicant on regular bail.

5. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

6. Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna