High Court Of ChhattisgarhMCRC/3948/2021allowed

Balkaran Sahu @ Karan Sahu, v. State Of Chhattisgarh

2021-07-26Hon'Ble The Acting Chief Justice2 pages

MCRC No. 3948 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3948 of 2021

1. Balkaran Sahu @ Karan Sahu, S/o Shri Shivdas Sahu, aged about 23 years, R/o Village Banjaridand, PS Khadgava, District Koriya (CG) ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Khadgava, District Koriya (CG) ---- Non-Applicant For Applicant : Shri Vivek Kumar Agrawal, Advocate.

For Non-Applicant : Shri Vikram Sharma, Deputy GA. Proceeding Through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag CJ Order On Board 26/07/2021 :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.229/2020 registered in Police Station: Khadgava, District Koriya for offence under Section 376 and 450 of the IPC.

2. The applicant has allegedly committed forcible sexual intercourse with the prosecutrix who is none other than his own sister-in-law (lkyh) on 30.8.2020. Although the FIR has been lodged on the very next day, but at the same time, it is to be seen that the prosecutrix has not supported the case of the prosecution when she was examined in the Court vide deposition (Annexure-D/1).

MCRC No. 3948 of 2021

3. The present applicant is in jail since 15.2.2021 and the prosecutrix has already been examined. Therefore, considering the entire fact situation of the case, I am inclined to release the applicant on bail.

4. Accordingly, the application is allowed and the applicant is directed to be released on bail on his 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 Barve