Ramesh Singh v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1391 of 2020 Ramesh Singh S/o Late Nagendra Singh Aged About 42 Years R/o Mandi Hasaud, P. S. Mandir Hasaud, District Raipur Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Mandir Hasaud District Raipur Chhattisgarh ---- Respondent For applicant - Shri Vivek Sharma, Advocate. For Respondent/State - Shri Ayaj Naved, Dy.A.G. Hon'ble Shri Justice Goutam Bhaduri Order 13/05/2020 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 32/2020 registered in Police Station P.S. Mandir Hasaud, District Raipur C.G. for offence punishable under sections 450, 376, 511 of I.P.C.

2.

As per the prosecution case, on 24/01/2020 when the prosecutrix was washing the utensils at her home, the applicant entered into the house dragged her to the bed room and committed forceful sexual intercourse.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case and in the statement under section 164 of Cr.P.C. the prosecutrix has completely disowned the allegation, therefore the applicant may be released on bail. 4.

Learned State counsel do not dispute the fact that in statement under section 164 of Cr.P.C. the prosecutrix has not supported the case of the prosecution.

5.

Considering the fact nature of allegation and the statement of the prosecutrix under section 164 of Cr.P.C. in which she has not supported happening of the event, without any observation on the merit, this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri