High Court Of ChhattisgarhMCRC/4614/2020allowed

Ramnarayan Banjare v. State Of Chhattisgarh

2020-09-04Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 4614 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4614 of 2020 • Ramnarayan Banjare S/o Shri Rameshwar Banjare Aged About 23 Years, Present R/o Gram Podi, Post OfÏce Billibandh, Police Station Kota, Tahsil Kota Civil District Bilaspur Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Police Station Takhatpur Chhattisgarh District Bilaspur Chhattisgarh.

---- Respondent For Applicant Mr. Shyam Sunder Lal Tekchandani, Advocate For Respondent /State Ms. Fouzia Mirza, Additional Advocate General Proceedings through Video Conferencing SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 4/9/2020

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.139/2020 registered at Police Station Takhatpur, Bilaspur (CG) for the offence punishable under Sections 363, 366(a), 376 of the IPC and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012.

3. The applicant has allegedly committed forcible sexual

MCRC No. 4614 of 2020 intercourse with the prosecutrix, aged about 16 years 8 months.

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

5. The prosecutrix happens to be the applicant's sister-in-law.

6. Upon issuance of notice to the prosecutrix, she appeared at the Help Desk of this Court on 18.8.2020 and made a statement through virtual mode that she has no objection in grant of bail to the applicant. However, the bail application could not be heard on the said date because the case diary was not available.

7. The applicant is in jail since 17.5.2020 and the charge sheet has already been filed, therefore, considering all the relevant aspects of the matter, this Court is inclined to release the applicant on regular bail.

8. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- with one surety in 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.

9. Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna