High Court Of ChhattisgarhMCRC/4340/2021allowed

Umesh Baghel v. State Of Chhattisgarh

2021-08-23Hon'Ble The Acting Chief Justice2 pages

MCRC No. 4340 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4340 of 2021 • Umesh Baghel S/o Jagarnath Baghel Aged 28 Years R/o Rajnagar, Police Chowki Bakavand, Thana Nagarnar, District Bastar Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Chouki Bakavand, P. S. Nagarnar, District Bastar Chhattisgarh ---- Respondent For Petitioner Mr. Devershi Thakur, 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 23/8/2021

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.93/2021 registered at Police Station Chouki - Bakavand, P.S. Nagarnar, District Bastar (CG) for the offence punishable under Section 376 of the IPC.

3. The applicant is the cousin (maternal uncle's son) of the

MCRC No. 4340 of 2021 prosecutrix, who is aged about 23 years. According to the prosecutrix, the applicant committed forcible sexual intercourse with her from November 2019 to February 2021 on promise to marry. However, later on, when the prosecutrix insisted for marriage and her parents went to meet the parents of the applicant for negotiation, his parents refused the marriage.

4. The parties are tribal residing in a remote village in Bastar District. The applicant is in jail since 5.6.2021 and the charge sheet has already been filed, therefore, considering all the relevant aspects of the matter, I am 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