High Court Of ChhattisgarhMCRC/2843/2021allowed

Vinod Kumar Yadav v. The State Of Chhattisgarh

2021-07-08Hon'Ble The Acting Chief Justice3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Vinod Kumar Yadav S/o Shri Ramkishun Yadav Aged About 32 Years R/o Jagima, P. S. Shankargarh, District BalrampurRamanujganj (C.G.) ---- Petitioner

Versus

• The State Of Chhattisgarh Through The Station House OfÏcer, P.S. Shankargarh, District Balrampur- Ramanujganj (C.G.) ---- Respondent For Applicant Mr. Vivek Bhakta, Advocate For Respondent Mr. Arijit Tiwari, Panel Lawyer Proceedings through Video Conferencing SB.: Hon'ble Mr. Prashant Kumar Mishra, Ag. CJ Order On Board 8/7/2021

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.32/2021 registered at Police Station Shankargarh, District Balrampur -Ramanujganj (CG) for the offence punishable under Sections 294, 506, 323, 450 and 376(2)(n) {Section 376 of the IPC is mentioned in the charge sheet, as informed by learned counsel for the applicant during the course of hearing} of the IPC.

3. The applicant and the prosecutrix became intimate after

telephonic conversation in July 2018. The first incident of sexual intercourse happened on 17.7.2018, where-after, it continued till 17.2.2021. As per the statement by the prosecutrix, there was an affair between her and the applicant, who promised her to perform marriage.

4. As per learned counsel for the applicant, the applicant and the prosecutrix have married at a temple.

5. Be that as it may, there is considerable delay in lodging the FIR and there appears to be an affair, during which, the sexual intercourse took place.

6. Considering all the relevant aspects of the matter including the fact that the applicant is in jail since 20.2.2021 and the charge sheet has already been filed, this Court is inclined to release the applicant on regular bail.

7. 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.

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

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