Daddu @ Jaleshwar Kaushik v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3082 of 2018 Daddu @ Jaleshwar Kaushik S/o Munna Ram Kaushik Aged About 22 Years R/o Hardikala, P. S. Sirgitti, District Bilaspur Chhattisgarh, ----Applicant

Versus

State Of Chhattisgarh Through P. S. Sirgitti, District Bilaspur Chhattisgarh ---- Respondent For applicant - Shri Amit Kumar, Advocate.

For Respondent/State -Shri S.R.J. Jaiswal, PL. Hon'ble Shri Justice Goutam Bhaduri Order 27/06/2018 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.516/2018 registered in Police Station Sirgitti Dist. Bilaspur (C.G.) for offence punishable under sections 454, 506, 376 of IPC.

2.

As per the prosecution case, a report was made by the prosecutrix on 17/03/2018 that the applicant forcefully entered into the house of the prosecutrix and thereafter committed forceful sexual intercourse and while going took away the gold ornaments and old TV. 3.

Learned counsel for the applicant submits that the prosecutrix was a consenting party and married woman of 27 years. He submits that no forceful sexual intercourse has been committed, therefore the applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the statement of the prosecutrix. Time of the incident was at 1.30 am on 13/03/2018. Also perused the map wherein alleged incident took place. After perusal of the case diary, without further observation on

the merit, this court is inclined to release the applicant on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri