High Court Of ChhattisgarhMCRC/3874/2021allowed

Chhotelal Kurre v. State Of Chhattisgarh

2021-08-09Hon'Ble The Acting Chief Justice2 pages

MCRC No. 3874 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3874 of 2021

1. Chhotelal Kurre, S/o Mayaram Kurre, aged about 27 years, resident of village Dhardei, PS Sheorinarayan, District Janjgir Champa (CG) ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Sheorinarayan District Janjgir Champa (CG) ---- Non-Applicant For Applicant : Shri FS Khare, Advocate.

For Non-Applicant : Shri VR Tiwari, Additional AG. Proceeding Through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag CJ Order On Board /08/2021 :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.184/2021 registered in Police Station: Sheorinarayan District Janjgir Champa for offence under Section 376 of the IPC.

2. The prosecutrix aged about 19 years has alleged commission of forcible sexual intercourse by the applicant on promise to marry. According to the FIR and her diary statement, she was acquainted with the applicant about 2 years prior to the date of lodging of FIR alleging relationship on account of applicant's promise to marry. In the meanwhile, her marriage was fixed with some other boy. In the intervening night of

MCRC No. 3874 of 2021 22/23rd April, 2021, the applicant took her on motorcycle and at about 2.30 am (in the mid night), she was subjected to forcible sexual intercourse.

3. Considering the age of the prosecutrix, quality of evidence and the fact that despite the incident having taken place on 23rd April, 2021, report was lodged on 8.5.2021, as also for the reason that charge sheet has already been filed, 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