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High Court Of ChhattisgarhMCRC/2653/2020allowed

Rahul Das v. State Of Chhattisgarh

2020-05-15Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2653 of 2020 • Rahul Das S/o Bahadur Das Aged About 25 Years R/o Kakna, Police Station Rajpur, District Balrampur-Ramanujganj, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station, Shankargarh, District Balrampur-Ramanujganj, Chhattisgarh ---- Respondent For Applicant : Shri Gautam Khetrapal, Advocate For Respondent/State : Shri Devendra Pratap Singh, Dy.AG Hon'ble Smt. Justice Rajani Dubey Order On Board 15/05/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 113/2019 registered at police station Shnkergarh, district Balrampur, Ramanujganj (CG) for the offence punishable under Sections 363,365,115,376(2)(<) and 34 IPC; Sections 3,4,5 and 6 of the Protection of Children from Sexual offences Act and Section 3(2)(v) of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act.

As per prosecution case, report was lodged by the father of the prosecutrix alleging that his daughter is missing.

Counsel for the applicant submits that the applicant has been falsely implicated. He further submits that the applicant and the proslecutrix were having love affair and have got married. He submits that the applicant is in jail since 25.04.2020; charge sheet has been filed and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion.

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

Taking into consideration the submissions of the counsel for the parties and nature of offence, I am inclined to enlarge him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed.

It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 25,000/- with one local surety for the like sum to the satisfaction of the concerned Court on the condition that he shall appear before the trial court regularly on each and every date of hearing unless and until exempted, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna