Vinod Kumar Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Vinod Kumar Singh S/o Rupsai Singh Khairbar Aged About 34 Years R/o Village - Dongri, Police Station- Chalgali, DistrictBalrampur, Chhattisgarh, Present Address Village Karouti, Chouki Chendra, P.S. Jhilmili, District Surajpur, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through- Station House OfÏcer, Police Chouki Chedra, Police Station- Jhilmili, District- Surajpur, Chhattisgarh ---- Respondent For Applicant Mr. Vineet Kumar Pandey, Advocate For Respondent/State Mr. Gagan Tiwari, Dy. GA Proceedings through Video Conferencing SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 14/8/2020

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.17/2020, registered at Police Station Police Chounki Chendra, Police Station Jhilmili, District Surajpur (CG) for the offence punishable under Sections 376 & 506 of the IPC.

3. When the husband of the prosecutrix had gone to another place, the applicant went to her house at about 10:00 p.m. on 18.3.2020, knocked at the door and requested her to provide Gudaku and water, but later on, he entered inside the house and committed sexual intercourse by extending threat that if she makes a call to anybody, she will be strangulated. Having completed the sexual intercourse, the prosecutrix asked the applicant to leave the house but he again committed forcible sexual intercourse against her.

4. The prosecutrix is a married lady, aged about 32 years, having three children, who were present in the house at the time of occurrence. The FIR was lodged on 21.3.2020 i.e. after two days of the incident.

5. Considering the entire facts situation of the case and the manner, in which, the incident has happened, the age of the prosecutrix and the fact that the applicant is in jail since 21.3.2020 and the charge sheet has already been filed, this Court is inclined 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 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.

7. Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna