High Court Of ChhattisgarhMCRC/4269/2021allowed

Nand Kumar Manhar v. State Of Chhattisgarh

2021-08-04Hon'Ble The Acting Chief Justice2 pages

MCRC No. 4269 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Proceeding through video conferencing MCRC No. 4269 of 2021 • Nand Kumar Manhar S/o Labhoram Manhar Aged About 32 Years R/o Village Ranisagar, P.S. Sarangarh District Raigarh Chhattisgarh. ----Applicant

Versus

• State of Chhattisgarh Through The Station House Officer, Police of Police Station City Kotwali, District Raigarh Chhattisgarh. ---- Respondent _____________________________________________________ For Applicant - Shri Achyut Tiwari, Advocate.

For Respondent/State - Shri Vikram Sharma, Dy. Government Advocate.

Hon'ble Shri Prashant Kumar Mishra Ag. Chief Justice Order on Board 04-08-2021

1. Heard.

2. The applicant has preferred the first bail application under Section 439 of the Cr.P.C., as he has been arrested in connection with Crime No.657/2021, registered at Police Station - City Kotwali, DistrictRaigarh (C.G.) for the offence punishable under Section 376 of the Indian Penal Code.

3. The applicant is a Constable in Central Industrial Security Force (C.I.S.F.). He belongs to the same village to which the prosecutrix aged about 30 years belongs. They developed friendship from year 2012 onwards which, later got converted into a love affair. They started conversation over mobile from 2015 onwards and the first incident of sexual intercourse happened at a hotel at Raigarh (C.G.) in the year

MCRC No. 4269 of 2021 2018. Thereafter, the sexual intercourse kept on happening at regular intervals whenever the applicant used to come on leave to his native place. As per the prosecutrix, to her surprise, the applicant got married to some other girl in February 2021. The F.I.R. has been lodged on 18-05-2021.

4. Learned State counsel would oppose the prayer for grant of bail.

5. Considering the age of the prosecutrix; their relationship for last about six years and for the fact that this applicant is in jail since 19-05-2021 and also the charge sheet has already been filed, I am inclined to release the applicant on 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 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 Judge Amardeep