High Court Of ChhattisgarhMCRC/4420/2016allowed

Sukhuram Kewat v. State Of Chhattisgarh

2016-08-09Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4420 of 2016 • Sukhuram Kewat S/o Shri Samaru Kewat Aged About 59 Years R/o Village Ameri Akbari, P.S. Belha, District Bilaspur, Civil & Revenue District Bilaspur, Chhattisgarh.

--- Petitioner

Versus

• State of Chhattisgarh Through Police Station Belha, District Bilaspur, Chhattisgarh. --- Respondent For the applicant :

Mr. Dhirendra Pandey, Advocate For the Respondent :

Mr. Arvind Shukla, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 09.08.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 66/2016 (as per the charge sheet) registered at P.S. Belha, Distt. Bilaspur (C.G) for the offence punishable under Section 376 IPC.

2. As per the prosecution case, a report was made by the prosecutrix that on 17.03.2016 while she was taking rest in the field near the wheat crop at that time while she was in asleep at that time the applicant came there opened her garments and thereafter committed sexual intercourse. While she resisted the applicant fled away.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated and the prosecutrix is a major lady. He further submits that the way the offence has been committed do not inspire the confidence and in any case, the prosecutrix was a consenting party as the time of incident was 1.30 p.m.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the statement of the prosecutrix and the map. Considering such statement and the age of prosecutrix, without any further observation, I am inclined to allow this bail application.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the trial Court as and when directed by the said Court.

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o