High Court Of ChhattisgarhMCRC/4348/2021allowed

Rohit Singh v. State Of Chhattisgarh

2021-08-13Hon'Ble The Acting Chief Justice2 pages

MCRC No. 4348 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4348 of 2021 • Rohit Singh S/o Late Kanhai Singh Aged About 25 Years R/o Near Railway Crossing, Jhagrakhand P.S. Jhagrakhand Tahsil Manendragarh, District Koriya Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer P.S. Manendragarh, District Koriya Chhattisgarh.

---- Respondent For Applicant :- Mr. Ramsajiwan, Advocate For Respondent-State :- Mr. Arjit Tiwari, PL Proceedings through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag.CJ Order On Board 13/08/2021

1. The applicant has preferred this bail application under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with crime No.132/2021 registered in Police Station Manendragarh, Dist. Koriya C.G. for the offence punishable under Sections 376, 506, 324 of the I.P.C.

2. Prosecutrix, a married lady aged about 35 years was working as a labourer at a site where accused was executing a civil contract. In the FIR, it is stated that on the

MCRC No. 4348 of 2021 pretext of bringing iron channel applicant took her on a motor cycle and in the midway he committed rape by restraining the prosecutrix when she jumped out of the Hero Honda motor cycle and tried to save her. Subsequently in her statement recorded under Section 164 Cr.P.C., the prosecutrix is not making any allegation of commission of rape.

3. Considering the inconsistency in the statement of prosecutrix as also for the fact that applicant is in jail since 9.4.2021 and the charge-sheet has already been filed, I am inclined to release him on bail.

4. Accordingly, the application is allowed and the applicant is directed to be released on bail on 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.

Certified copy as per rules.

SD/- (Prashant Kumar Mishra) Acting Chief Justice Ayushi