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High Court Of ChhattisgarhMCRC/2899/2021allowed

Gitesh @ Bablu v. State Of Chhattisgarh

2021-07-08Hon'Ble The Acting Chief Justice2 pages

MCRC No.2899 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2899 of 2021

1. Gitesh @ Bablu S/o Shri Sunil Joshi Aged About 22 Years R/o Village Baya, Thana Rajadeori, Civil And Revenue District Balodabajar-Bhatapara Chhattisgarh.

---- Applicant

Versus

1. State Of Chhattisgarh Through Station House Officer, Police Station Rajadeori, Police Outpost Baya, District BalodabajarBhathapara, Chhattisgarh ---- Respondent For Applicant Mr. Sunil Sahu, Advocate For Respondent /State Mr. Arjit Tiwari, Panel Lawyer (Proceedings through Video Conferencing) Order on Board By Prashant Kumar Mishra, Ag. CJ 8/7/2021 1.

Heard.

2.

The applicant has preferred this bail application under Section 439 of the Cr.P.C. for grant of bail as he has been arrested in connection with Crime No.19/2021, registered at Police Station Rajadeori, Police Outpost Baya, District BalodabajarBhathapara (CG), for the offence under Section 376 of the Indian Penal Code.

MCRC No.2899 of 2021 3.

Applicant committed forcible sexual intercourse with the prosecutrix, aged about 25 years, during the period May, 2020 to 19-2-2021. As a matter of fact, the applicant is the son of maternal uncle of the prosecutrix. During their family meeting the applicant developed liking for the prosecutrix and thereafter, their physical relation started.

4.

Learned counsel for the State, per contra, would oppose the bail application.

5.

Considering the entire facts situation of the case, further considering the nature of allegation, as also for the fact that the applicant is in jail since 24-3-2021 and the charge sheet has already been filed, I am of the opinion that present is a fit case to release the applicant on regular bail.

6.

Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing 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. 7.

Certified copy as per rules.

Sd/- (Prashant Kumar Mishra) Gowri Acting Chief Justice