High Court Of ChhattisgarhMCRC/2542/2021allowed

Amarnath Patel v. State Of Chhattisgarh

2021-07-15Hon'Ble The Acting Chief Justice2 pages

MCRC No. 2542 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Proceedings through video conferencing MCRC No. 2542 of 2021 • Amarnath Patel Son Of Ganesh Ram Patel Aged About 24 Years R/o. Village Chisda, Police Station Pachpedi, District Bilaspur (Chhattisgarh) ---- Applicant

Versus

• State of Chhattisgarh Through The Station House Officer, Police Station Pachpedi, District Bilaspur (Chhattisgarh) ---- Respondent For Applicant - Shri Goutam Khetrapal, Advocate.

For Respondent/State - Shri Chandresh Shrivastava, Dy.

Advocate General.

Hon'ble Shri Prashant Kumar Mishra Ag. Chief Justice Order On Board 15-07-2021

1. Heard.

2. The applicant has preferred the first bail application under Section 439 of the Cr.P.C., as he has been arrested in connection with Crime No.176/2020, registered at Police Station Pachpedi, District- Bilaspur (C.G.) for the offence punishable under Sections 376, 294, 323, 506, 313/34 of the Indian Penal Code.

3. The applicant and the prosecutrix became intimate after their meeting during Rath Yatra on 12-07-2014. It is said that, the applicant continuously committed forcibly sexual intercourse at

MCRC No. 2542 of 2021 regular intervals on promise to marry for the entire period from 2016-2020. When she became pregnant, the applicant alongwith co-accused Shanti bai and Neer Bai created pressure on the prosecutrix to abort the foetus and on refusal, she was administered some tablet by mixing it with a cup of tea, due to which, she suffered miscarriage.

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

5. Considering the entire facts situation of the case, the length of their association; the age of the prosecutrix and for the fact that the applicant is in jail since 20-10-2020, I am inclined to release the applicant on bail.

6. 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