Mahendra Kumar Singh v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 3795 of 2016

1. Mahendra Kumar Singh, S/o. Dharam Singh Gond, aged about 26 years, R/o. Village- Amli Bahra, P.S. Pasan, Tahsil Podi Uproda, District - Korba (C.G.) ----Applicant

Versus

1. State of Chhattisgarh, Through : District Magistrate, Korba, District - Korba (C.G.) ---- Respondent For Applicant : Mr. Vikas Pandey, Advocate For Respondent/State : Mr. O.P. Sahu, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 19/07/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.27/2016, registered at Police Station - Pasan, District - Korba (C.G.) for the offence punishable under Section 376 of Indian Penal Code. 2.

Case of the prosecution, in brief, is that in the year 2015 the applicant entered into the house of the prosecutrix, thereafter stated that he want to marry her and committed sexual intercourse. Subsequently, the same incident continued, eventually when the applicant was asked to marry, he refused to marry. Thereby the

Page No.2 offence has been committed.

3.

Learned counsel for the applicant submits that the prosecutrix is major girl and the way the offence has been alleged, she was a consenting party and she of her own developed the relation with the applicant, therefore, no offence has been committed. It is further submitted that charge-sheet in this case has been filed and the applicant is in jail since 28.04.2016, therefore, counsel prays that the applicant may be enlarged on bail.

4.

On the other hand, learned counsel for the State opposes the bail application.

5.

I have heard learned counsel for the parties. 6.

Perused the statement of the prosecutrix recorded under Section 161 and 164 of Cr.P.C. After evaluating the evidence, without any further observation on merits, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram