High Court Of ChhattisgarhMCRC/2103/2015allowed

Ravishankar Yadav v. State Of Chhattisgarh

2015-05-18Hon'Ble The Vacation Judge2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2103 of 2015 • Ravishankar Yadav S/o Jawahar Yadav, aged about 26 years, R/o Rampur Colony, Baikunthpur, Post, tehsil & thana Baikunthpur District Koria (CG). ---- Applicant (In jail)

Versus

• State of Chhattisgarh, Through Officer-in-Charge Police Station Baikunthpur (City Kotwali, Baikunthpur), Revenue and Civil district Koria (CG). ---- Non-applicant For Applicant :

Shri Mahendra Dubey, Advocate For Respondent /State :

Shri U.N.S.Deo, Government Advocate For Complainant :

Shri Anil Gulati, Advocate HON'BLE The Vacation Judge Order On Board 18/05/2015 Heard learned counsel for the parties.

1. This is the First Bail Application under Section 439 of Cr.P.C.

2. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.37/2015, registered in Police Station Baikunthpur for offence under Sections 376 and 393 of IPC.

3. Allegation against the applicant is of sexually exploiting the prosecutrix, aged about 26 years. It is said that the applicant is good friend of brother of the prosecutrix, therefore, he used to visit her house. In due course, they developed an affair and intimacy. The applicant committed sexual intercourse with the prosecutrix on promise to marry her. They performed marriage in a local temple, but, the applicant denied for court marriage with the prosecutrix. From the nature of the allegation, it would appear that the relationship would continue for about 10 years.

4. Per contra, learned State counsel and learned counsel for the complainant vehemently opposed the same.

5. Considering the facts of the situation, this Court is inclined to release the applicant on bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.50,000/- with one surety in the like sum 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.

VACATION JUDGE padma