High Court Of ChhattisgarhMCRC/2055/2021allowed

Anil Bansal, v. State Of Chhattisgarh,

2021-06-18Hon'Ble The Acting Chief Justice2 pages

MCRC No.2055 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Proceedings through video conferencing MCRC No. 2055 of 2021 • Anil Bansal, S/o Shri Shyam Lal Agrawal, Aged About 21 Years R/o. Village - Lahroud, Police Station And Tehsil - Pithora, District - Mahasamund Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh, Through, Station House Officer, Pithora, District - Mahasamund Chhattisgarh.

---- Respondent For Applicant - Shri Surfaraj Khan, Advocate.

For Respondent - Shri V.R. Tiwari, Additional Advocate General with Shri Sameer Sharma, Dy. Government Advocate.

Hon'ble Shri Prashant Kumar Mishra Ag. Chief Justice Order On Board 18-06-2021

1. This is the second bail application, the first bail application was dismissed with liberty to revive the prayer after examination of the prosecutrix on 04-02-2021 in MCRC No.8045 of 2020 and now, the prosecutrix has been examined.

2. The applicant has preferred the second bail application under Section 439 of the Cr.P.C., as he has been arrested in connection with Crime No.230/2020, registered at Police Station Pithora, DistrictMahasamund (C.G.) for the offence punishable under Section 376, 376(2)(K) & 376(2)(n), 292 (A), 506 of the Indian Penal Code and Section 67(A) of the Information Technology Act.

MCRC No.2055 of 2021

3. As per the prosecution case, the applicant sexually exploited the prosecutrix on promise to marry and also circulated her obscene video to her brother.

4. When examined in the Court, the prosecutrix turned hostile.

5. Learned State counsel would oppose the prayer for grant of bail.

6. Considering that the applicant is in jail since 02-10-2020 and the trial may take some more time to conclude and also for the reason that the prosecutrix has already been examined, I am inclined to release the applicant on bail.

7. 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 for 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.

SD/- (Prashant Kumar Mishra) Acting Chief Judge Amardeep