Ramdhari Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3137 of 2020 • Ramdhari Yadav son of Ramjeet Yadav, aged about 29 years, residence of Jaurahi, Thana - Raghunathnagar, District Balrampur Ramanujganj (C.G.) ---- Petitioner

Versus

• The State Of Chhattisgarh Through Police Station Raghunathnagar, District Balrampur Ramanujganj (C.G.) ---- Respondent For Applicant :

Shri Vikash Pandey, Advocate For Respondent :

Shri Vimlesh Bajpai, G.A.

Hon'ble Smt Justice Rajani Dubey Order on Board /07/2020 Heard.

Admit.

1.

The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.10/2020, registered at Police Station - Raghunathnagar, District Balrampur Ramanujganj (C.G.) for the offence punishable under Section 376 (2) (n) IPC.

2.

Allegation against the present applicant is that he committed sexual intercourse with the prosecutrix on the pretext of marriage and thereafter he refused to marry her. Based on this, offence has been registered. The present applicant has been taken into custody on 12.02.2020.

3.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the prosecutrix is major aged about 20 years and, after long time, the report has been lodged against the applicant. He also submits that the applicant is in

custody since 12.02.2020 and there is no likelihood of his case being decided in near future. Therefore, he may be released on bail.

4.

On the other hand, learned counsel for the State opposed the bail application.

5.

I have heard learned counsel for the parties and perused the case diary.

6.

Considering the totality of the facts and circumstances of the case, quality of evidence and further considering the fact that the applicant is in custody since 12.02.2020 and the trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail. 7.

Accordingly, the bail application is allowed. 8.

It is directed that the Applicant shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one solvent surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed, till the final disposal of the trial. Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge Pekde