Uma Shankar Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.2745 of 2019 • Uma Shankar Sahu Shri Siya Ram Sahu, Aged About 29 Years R/o Brhaman Para, In Front Of Pushpanjali, Tailor Jagdalpur, District Bastar, Permanent Address- Village Sonpur, Police Station Balod, District- Balod, Chhattisgarh., District : Balod, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House Officer, Police StationSupela, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh ---- Respondent For Applicant :

Shri Ishan Verma, Advocate For Respondent/State :

Shri A. N. Bhakta, Dy.AG Single Bench: Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 07/06/2019 Heard.

1.

The applicant has moved this application under Section 439 of the Cr.P.C. for grant of regular bail in connection with Crime No.42/2019 registered at Police Station Supela, District Durg for the offence punishable under Section 376 of IPC & 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2.

It is alleged that the applicant committed sexual intercourse with the prosecutrix on the pretext of marriage.

3.

Learned counsel for the applicant submits that the prosecutrix is aged 26 years and she was in relation with the present applicant since year 2018. He further submits that the applicant and the prosecutrix have maintained physical relations with consent in different places, therefore, the applicant may be enlarged on bail.

4.

On the other hand, learned State counsel opposes the prayer for grant of bail

5.

Looking to the age of the prosecutrix and further looking to the facts and circumstances of the case, I am inclined to enlarge the applicant on bail. 6.

Accordingly, the application is allowed. It is ordered that the applicant shall be released on bail on furnishing a personal bond of Rs.25,000/- along with one surety of the like amount to the satisfaction of the trial Court on the condition that he shall appear before the trial Court regularly on each and every date of hearing, unless exempted.

Certified copy as per rules.

SD/- (Ram Prasanna Sharma) Vacation Judge Tumane