High Court Of ChhattisgarhMCRC/2693/2021allowed

Sunil Prajapati v. State Of Chhattisgarh

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

MCRC No. 2693 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2693 of 2021 • Sunil Prajapati S/o. Shri Ramcharitar Prajapati Aged About 38 Years R/o. Tukudand, P.S. Pratappur, Distt. Surajpur (Chhattisgarh) ---- Petitioner

Versus

• State Of Chhattisgarh Through The Station House OfÏcer, Police Station - Chalgali, District Balrampur - Ramanujganj (Chhattisgarh) ---- Respondent For Applicant Mr. Neeraj Mehta, Advocate For Respondent /State Mr. Chandresh Shrivastava, Dy. AG 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.3/2021 registered at Police Station Chalgali, District Balrampur - Ramanujganj, District Balrampur - Ramanujganj (CG) for the offence punishable under Sections 376 (2) (N) & 450 of the IPC.

MCRC No. 2693 of 2021

3. The applicant committed forcible sexual intercourse with the prosecutrix on promise to marry from 10.9.2019 till 20.11.2020. The applicant came in contact with the prosecutrix during negotiation for marriage of his elder brother with the sister of the prosecutrix. The sexual intercourse used to occur in the house of the prosecutrix itself and the applicant used to reside with the prosecutrix in her own house. The FIR was lodged when the prosecutrix became aware that the applicant is married man.

4. Considering the quality of evidence and for the fact that the applicant is in jail since 7.1.2021 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