High Court Of ChhattisgarhMCRC/4562/2021allowed

Aditya Singh @ Kamal v. State Of Chhattisgarh

2021-08-25Hon'Ble The Acting Chief Justice2 pages

MCRC No. 4562 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Proceedings through video conferencing MCRC No. 4562 of 2021

1. Aditya Singh @ Kamal S/o Abhimanyu Thakur Aged About 22 Years R/o Ganesh Nagar, Khamtarai, Bilaspur, Police Station- Sarkanda, District- Bilaspur, Chhattisgarh.

---- Applicant

Versus

1. State of Chhattisgarh Through- The Station House Officer, Police Station Sarkanda, District- Bilaspur, Chhattisgarh. ---- Respondent _____________________________________________________ For Applicant - Shri Rajeev Kumar Dubey, Advocate.

For Respondent/State - Shri Sudeep Agrawal, Dy. Advocate General.

Hon'ble Shri Prashant Kumar Mishra Ag. Chief Justice Order on Board 25-08-2021

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.582/2021, registered at Police Station - Sarkanda, District - Bilaspur (C.G.) for the offence punishable under Section 376 of the Indian Penal Code.

3. The applicant has committed forcible sexual intercourse with the prosecutrix on promise to marry. The prosecutrix is aged about 22 years.

MCRC No. 4562 of 2021

4. As per the allegation contained in the F.I.R., the prosecutrix got acquainted with the applicant as he used to visit her shop for purchasing grocery articles and thereafter, they got connected through mobile and started conversations. At about 22:00 hours on 18-05-2021, the applicant called her and on the pretext of having conversation, he took her agricultural field and committed forcible sexual intercourse on promise to marry.

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

6. Considering the entire facts situation of the case and for the fact that the applicant is in jail since 20-05-2021 and also the charge sheet has already been filed, I am inclined to release the applicant on bail.

7. 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 Justice Amardeep