High Court Of ChhattisgarhMCRC/3794/2020allowed

Rakesh Banjare @ Ratan Banjare v. State Of Chhattisgarh

2020-10-08Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 3794 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3794 of 2020 • Rakesh Banjare @ Ratan Banjare S/o Ram Banjare Aged About 25 Years R/o Dondekala, Police Station- Vidhansabha, Tahsil And District- Raipur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Vidhansabha, DistrictRaipur, Chhattisgarh. ---- Respondent For Applicant :- Mr. Dashrath Kushwaha, Advocate For Respondent-State :- Mr. K.K. Singh, G.A.

Proceedings through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 08/10/2020

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.148/2019 registered in Police Station Vidhansabha, District Raipur C.G. for the offence punishable under Sections 363, 366, 376(2)(N) of the I.P.C. and Section 4 of the Protection of Children from Sexual Offences Act, 2012.

3. As per the diary statement and 164 Cr.P.C. statement of the prosecutrix, who is more than 17 years of age, it appears that she

MCRC No. 3794 of 2020 was in love with the applicant, therefore, they decided to live together and earn livelihood. They came to Raipur and thereafter boarded a train for proceeding to Nagpur and stayed together from 03.04.2019 to 17.03.2020. They returned to Raipur on 17.03.2020 and the applicant was arrested on 27.05.2020. The prosecutrix says that they are married and were living together as husband and wife. At the time of recording of this statement, prosecutrix was carrying pregnancy of about four months.

4. Considering the entire fact situation of the case and for the fact that the applicant is in jail since 27.05.2020 and the charge sheet has already been filed, this Court is inclined to release the applicant on bail.

5. 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