Vikas Pandey v. State Of Chhattisgarh,

MCRC No. 3924 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3924 of 2021 • Vikas Pandey S/o Harendra Pandey, Aged About 25 Years R/o Bakhari, Taluka - Bankata, Bakhri Bazar, Police Station - Khampar, District Devariya (U.P.) Presently Residing At House No. 7, Ganga Nagar, Merut, Thana - Ganganagar, District - Merut. (U.P.) ---- Applicant

Versus

• State Of Chhattisgarh, Through, Station House Officer, Police Station - Ganj, District Raipur Chhattisgarh. ---- Respondent For Applicant :- Mr. Shubham Tripathi, Advocate For Respondent-State :- Mr. Sudeep Agrawal, Dy.AG Proceedings through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag.CJ Order On Board 26/07/2021

1. 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.168/2020 registered in Police Station Ganj District Raipur C.G. for the offence punishable under Section 376 of the I.P.C.

2. Applicant and prosecutrix came in contact through facebook and thereafter their conversation started on facebook messenger from 02.08.2019 onwards. The applicant, thereafter, proposed

MCRC No. 3924 of 2021 to marry her which was refused. On 23.8.2019, applicant called the prosecutrix to a hotel at Raipur and committed forcible sexual intercourse and thereafter she went to Agra and Noida, on applicant's invite where also she was subjected to forcible sexual intercourse. The applicant also shot her obscene photographs and when she became pregnant he administered some medicine to her which caused abortion. The applicant also borrowed Rs.81,000/- through online payment and cash of Rs.80,000/- and later on refused to marry her.

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

4. Considering that the prosecutrix is aged about 29 years and the relationship continued for more than a year, therefore, there is delay in lodging the FIR as also for the reason that the applicant is in jail since 15.4.2021; charge-sheet has already been filed, I am inclined to release the applicant on bail.

5. Accordingly, the application is allowed and the applicant is directed to be released on bail on 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 Ayushi