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High Court Of ChhattisgarhMCRC/4676/2016allowed

Ganesh Ram @ Ganesh Ram v. State Of Chhattisgarh

2016-07-29Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 4676 of 2016 Ganesh Ram @ Ganesh Ram S/o Shri Kartik Ram Basod Aged About 27 Years R/o Village Kumbhichhuwan, Police Station Kapu, Tahsil Dharamjaigarh, District Raigarh, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Kapu, District Raigarh, Chhattisgarh.

---- Non-applicant For Applicant:

Mr. Vineet Pandey, Advocate For State:

Mr. Anupam Dubey, Dy. Government Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 29.07.2016 1.

This is second bail application filed under Section 439 of Cr.P.C. for grant of bail to the Applicant who is in jail since 08.06.2014 in connection with Crime No. 75/2014 registered at Police Station - Kapu, District - Raigarh (C.G.) for the offence punishable under Section 376 of I.P.C.

2.

The first bail application was dismissed as withdrawn on 25.08.2014 with liberty to revive the same after the Prosecutrix is examined.

3.

The present bail application has been filed subsequently on the

ground that the Prosecutrix has been examined on 12.01.2016, therefore learned Counsel for the Applicant prays that he may be released on bail.

4.

Learned State Counsel however opposes the bail application. 5.

Taking into consideration the age of the Prosecutrix and also taking note of the fact that the Prosecutrix was a teacher of the school and fully aware of what is good and what is not good and further considering the averments she has made in her deposition, this Court is of the opinion that the present is a fit case for grant of bail to the Applicant.

6.

Accordingly, the present bail application is allowed. It is directed that in case if the Applicant furnishes a personal bond for a sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the concerned trial Court, then he shall be released on bail. The Applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Sd/- (P. Sam Koshy) JUDGE kishore