High Court Of ChhattisgarhMCRC/3912/2021allowed

Ramsharan v. State Of Chhattisgarh

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

MCRC No. 3912 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3912 of 2021 • Ramsharan S/o Ramchandra Singh, Aged About 25 Years R/o Village Kolhuwa, P.S. Basantpur, District Balrampur Ramanujganj Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Police Station Basantpur, District Balrampur Ramanujganj Chhattisgarh ---- Respondent For Applicant Mr. AK Yadav, Advocate For Respondent /State Mr. Sudeep Agarwal, Dy. AG Proceedings through Video Conferencing SB.: Hon'ble Mr. Prashant Kumar Mishra, Ag. CJ Order On Board 26/7/2021

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.39/2021 registered at Police Station Basantpur, District Balrampur Ramanujganj (CG) for the offence punishable under Section 376(2)(n) of the IPC.

3. The prosecutrix, aged about 28 years, is the sister-in-law

MCRC No. 3912 of 2021 (bhabhi) of the present applicant. The prosecutrix's husband Devsharan, who happened to be the elder brother of the applicant, committed suicide and thereafter, this applicant started committing sexual intercourse with her on promise to marry. However, when she carried pregnancy, the applicant refused to marry her. As per her own version, their relationship continued for about 5 years.

4. Considering the entire facts situation of the case and for the fact that the applicant is in jail since 2.3.2021 i.e. for about 5 months and the charge sheet has already been filed, this Court is inclined to release the applicant on regular bail.

5. Accordingly, the 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.

6. Certified copy as per rules Sd/- (Prashant Kumar Mishra) Acting Chief Justice Shyna