High Court Of ChhattisgarhMCRC/4373/2021allowed

Mohan Lal Yadav v. State Of Chhattisgarh

2021-08-09Hon'Ble The Acting Chief Justice2 pages

MCRC No. 4373 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Proceeding through video conferencing MCRC No. 4373 of 2021 • Mohan Lal Yadav S/o Johit Ram Yadav Aged About 23 Years R/o Khairjhithi, P. S. Bilaigarh, District Baloda Bazar Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Sarsiwa, District Baloda Bazar Chhattisgarh.

---- Respondent _____________________________________________________ For Applicant - Shri Santosh Kumar Sahu, Advocate.

For Respondent/State - Shri Arjit Tiwari, Panel Lawyer.

Hon'ble Shri Prashant Kumar Mishra Ag. Chief Justice Order on Board 09-08-2021

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.110/2021, registered at Police Station - Sarsiwa, District- Baloda Bazar (C.G.) for the offence punishable under Section 376 of the Indian Penal Code.

3. The applicant has allegedly committed forcible sexual intercourse with the prosecutrix, aged 26 years, on promise to marry.

4. As per material available in the case diary, the prosecutrix is a relative of the applicant and in said connection, he used to visit her house and upon developing acquaintance, the relationship started with continued

MCRC No. 4373 of 2021 for about two years. She lodged the report only when she become pregnant and at this point of time, applicant refused to marry her.

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

6. Considering the length of their relationship, her age and for the fact that the applicant is in jail since 07-06-2021; 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 Judge Amardeep