High Court Of ChhattisgarhMCRCA/865/2020dismissed

Lekhram Sahu v. State Of Chhattisgarh

2020-11-25Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRCA No. 865 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 865 of 2020 • Lekhram Sahu S/o Ayodhya Prasad Sahu Aged About 23 Years R/o Village Nawagaon, Police Station Bhatapara Gramin, District- Baloda Bazar-Bhatapara, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through- Station House OfÏcer, Police Of Police Station- Bhatapara Gramin, District- Baloda BazarBhatapara, Chhattisgarh ---- Respondent For Applicant Ms. Anil Gulati, Advocate For Respondent /State Mr. Alok Bakshi, Additional Advocate General SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 25/11/2020

1. Heard.

2. This is an application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.233/2020 registered at Police Station Bhatapara Gramin, District Baloda Bazar Bhatapara (CG) for the offence punishable under Section 376 of the IPC.

3. As per the material available in the case diary, the applicant had

MCRCA No. 865 of 2020 an affair with the prosecutrix from the year 2015 and in the course of that affair, he sexually exploited the prosecutrix on promise to marry, but later on, when she became pregnant, he refused to marry her. As per the prosecutrix, she is aged about 21 years on the date of lodging of the written complaint on 8.6.2020 meaning thereby that in 2015, she was aged about 1617 years. Although there is some discrepancy about the date of first sexual intercourse but the remains that in her statement recorded under Section 164 of Cr.P.C., she alleges that she was sexually exploited for last 3 years.

4. Considering the nature of allegations, I am not inclined to extend the benefit of Section 438 of Cr.P.C.

5. The application is dismissed. However, if the applicant surrenders and applies for regular bail, the concerned trial Court shall consider and decide the application for regular bail at the earliest.

Sd/- (Prashant Kumar Mishra) Judge Shyna