High Court Of ChhattisgarhMCRC/2676/2021allowed

Huleshwar Sahu v. State Of Chhattisgarh

2021-07-06Hon'Ble The Acting Chief Justice2 pages

MCRC No. 2676 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2676 of 2021 • Huleshwar Sahu S/o Late Dewanand Sahu Aged About 32 Years R/o Village Pauwara, Outpost Machandur, Police Station Utai, Presently Residing At B Block , H.B. / 12, New Police Line, Durg, Chowki Padmanabhpur , Police Station Durg, District Durg Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Outpost Padmanabhpur , Police Station City Kotwali, Durg, District Durg Chhattisgarh ---- Respondent For Applicant Mr. BP Singh, Advocate For Respondent /State Mr. Arijit Tiwari, Pane Lawyer Proceedings through Video Conferencing SB.: Hon'ble Mr. Prashant Kumar Mishra, Ag. CJ Order On Board 6/7/2021

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.907/2020 registered at Police Station City Kotwali, Durg, Out Post Padmanabhpur, District Durg (CG) for the offence punishable under Sections 376, 376(2)(N), 417 of the IPC.

MCRC No. 2676 of 2021

3. The applicant and the prosecutrix came in contact through facebook. However, they were residing in the same locality. The first sexual intercourse happened in an under constructed building on 3.1.2020 and thereafter, the sexual intercourse kept on happening at regular intervals. As per the FIR lodged on 17.2.2020, the applicant promised to marry the prosecutrix but subsequently, denied. Therefore, as per the prosecutrix, she was sexually exploited on promise to marry.

4. Considering the material available in the case diary and for the fact that the applicant is in jail since 6.3.2021 and the charge sheet has already been filed, this Court is inclined to release the applicant on regular bail.

5. Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- with one surety in 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.

6. Certified copy as per rules Sd/- (Prashant Kumar Mishra) Acting Chief Justice Shyna