High Court Of ChhattisgarhMCRC/3213/2020allowed

Deepak Tigga v. State Of Chhattisgarh

2020-08-27Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 3213 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3213 of 2020 • Deepak Tigga S/o David Tigga Aged About 32 Years Cast - Uraon, R/o Village Deepatoli, Kunkuri, P.S. Kunkuri, Tahsil Kunkuri, District Jashpur Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through S.H.O. P.S. Kunkuri, District Jashpur Chhattisgarh.

---- Respondent For Applicant :- Mr. Hemant Gupta, Advocate For Respondent-State :- Mr. K.K. Singh, G.A.

Proceedings through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 27/08/2020

1. Heard.

2. The applicant has preferred this application under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with crime No.33/2020 registered in Police Station Kunkuri, Revenue and Civil Jashpur, C.G. for the offence punishable under Section 376 of the I.P.C.

3. Case of the prosecution, in brief, is that the applicant and

MCRC No. 3213 of 2020 the prosecutrix, presently aged about 28 years were in love from December, 2006. According to her written complaint dated 26.04.2020, the first sexual encounter took place on 28.12.2006 and the relationship continued for about 14 years. When the applicant wanted to marry some other girl in January, 2020, the prosecutrix lodged the report.

4. Learned State counsel would oppose the prayer for grant of bail.

5. Considering enormous delay in lodging the FIR and the fact that the prosecutrix continued to have sexual relation with the accused for a period of 10 years after attaining majority as also for the reason that the applicant is in jail since 04.05.2020 and the charge sheet has already been filed, this Court is inclined to release the applicant on bail.

6. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and the applicant is directed to be released on bail on executing a personal bond for a sum of ₹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) Judge Ayushi