High Court Of ChhattisgarhMCRC/4487/2021allowed

Lalji @ Laljiv Yadav, v. State Of Chhattisgarh

2021-08-19Hon'Ble The Acting Chief Justice2 pages

MCRC No. 4487 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4487 of 2021

1. Lalji @ Lalji Yadav, S/o Shri Mithu Yadav, aged about 20 years, R/o Nilkanthpur, PS Ramchandrapupr, District Balrampur-Ramanujganuj (CG) ---- Applicant

Versus

State Of Chhattisgarh Through Police Outpost Vijaynagar, PS Ramanujganj District Balrampur-Ramanujganj (CG) ---- Non-Applicant For Applicant : Miss Soniya Kuldeep, Advocate.

For Non-Applicant : Shri Sudeep Agrawal, Deputy AG.

Proceeding Through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag CJ Order On Board /08/2021 :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.129/2021 registered in Police Station : Police Outpost Vijaynagar, PS Ramanujganj, District Balrampur-Ramanujganj for offence under Section 376 & 506 of the IPC.

2. The prosecutrix, a married lady, aged about 20 years, has filed a written complaint on 24.5.2021 alleging that the applicant took her to a secluded/lonely place and committed forcible sexual intercourse. In her diary statement, she states that the applicant and her husband together

MCRC No. 4487 of 2021 came to the house and after having dinner they retired for bed and at this time, at about 10 pm, the applicant took her to a nearby agricultural field and committed forcible sexual intercourse. In her statement recorded under Section 164 CrPC, she says that after having dinner at her house, the applicant retired to bed with her husband and subsequently committed sexual intercourse in her own house.

3. Considering the inconsistency and varying statement of the prosecutrix, who is a married lady, as also for the fact that the applicant is in jail since 26.5.2021 and charge sheet has already been filed, I am inclined to release the applicant on bail.

4. Accordingly, the 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 Barve