High Court Of ChhattisgarhMCRC/2880/2021allowed

Kesram v. State Of Chhattisgarh

2021-07-16Hon'Ble The Acting Chief Justice2 pages

MCRC No. 2880 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2880 of 2021

1. Kesram, S/o Ishwar Sahu, aged 21 years, R/o Village Kanji, PS City Kotwali, Balodabazar, District Balodabazar-Bhatapara (CG) ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Balodabazar, District Balodabazar-Bhatapara (CG) ---- Non-Applicant For Applicant : Shri Ram Sajivan, Advocate.

For Non-Applicant : Shri Vikram Sharma, Deputy GA. Proceeding Through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag CJ Order On Board 16/07/2021 :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.174/2021 registered in Police Station: Balodabazar, District Balodabazar-Bhatapara for offence under Section 376, 294 and 506 of the IPC.

2. The prosecutrix is a widow lady aged about 25 years having one son from her husband. The present applicant made a promise to the prosecutrix for upbringing of the child as also to marry her and on this pretext he committed sexual intercourse with her from 7.4.2020 onwards. She gave birth to a girl child on 23.12.2020 which was informed to the applicant but he disowned the baby. Thereafter the FIR

MCRC No. 2880 of 2021 was lodged on 10.3.2021.

3. Considering the entire fact situation of the case, particularly delay in lodging the FIR, the age of the prosecutrix and the length of affair between the prosecutrix and the applicant, as also for the reason that the applicant is in jail since 12.3.2021 and the charge sheet has already been filed, I am inclined to release the applicant on bail.

4. Accordingly, the 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 for 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.

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