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High Court Of ChhattisgarhMCRC/4075/2021allowed

Bhupendra Kumar Netam v. State Of Chhattisgarh

2021-07-29Hon'Ble The Acting Chief Justice2 pages

MCRC No.4075 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4075 of 2021

1. Bhupendra Kumar Netam S/o Shri Baldev Netam Aged About 23 Years R/o Village Kariyapahar, P. S. And Tahsil Narharpur, District North Baster Kanker Chhattisgarh ---- Applicant

Versus

1. State Of Chhattisgarh Through Station House Officer, Police Station Narharpur, District North Baster Kanker Chhattisgarh ---- Respondent For Applicant Mr. Sunil Sahu, Advocate For Respondent /State Mr. Vikram Sharma, Dy. Govt. Adv.

(Proceedings through Video Conferencing) Order on Board By Prashant Kumar Mishra, Ag. CJ 29/7/2021 1.

Heard.

2.

The applicant has preferred this bail application under Section 439 of the Cr.P.C. for grant of bail as he has been arrested in connection with Crime No.65/2021, registered at Police Station Narharpur, District North Baster Kanker (CG), for the offence under Section 376 of the Indian Penal Code. 3.

Applicant has committed forcible sexual intercourse with the prosecutrix, aged about 22 years, from 10-1-2018 to 22-52021 on promise to marry, but thereafter refused to marry her.

MCRC No.4075 of 2021 4.

Learned counsel for the State, per contra, would oppose the bail application.

5.

Considering the entire facts situation of the case, particularly considering the fact that the proseuctrix is a major girl and the relation continued for almost 3 years 4 months, as also for the fact that the applicant is in jail since 4-6-2021 and the charge sheet has already been filed, I am of the opinion that present is a fit case to release the applicant on regular bail. 6.

Accordingly, the bail 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 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.

7.

Certified copy as per rules.

Sd/- (Prashant Kumar Mishra) Gowri Acting Chief Justice