High Court Of ChhattisgarhMCRC/4506/2021allowed

Ramkhilawan Ratre @ Rajesh Rai v. State Of Chhattisgarh

2021-08-24Hon'Ble The Acting Chief Justice2 pages

MCRC No. 4506 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4506 of 2021 • Ramkhilawan Ratre @ Rajesh Rai S/o Anandram Ratre Aged About 40 Years R/o Village- Sendri, Police Station- Dadhi, TahsilBemetara, District- Bemetara, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through The Station House OfÏcer, Police Station- Dadhi, District- Bemetara, Chhattisgarh ---- Respondent For Applicant Mr. Shivendu Pandya, Advocate For Respondent /State Mr. Sudeep Agarwal, Dy. AG for the State.

Proceedings through Video Conferencing SB.: Hon'ble Mr. Prashant Kumar Mishra, Ag. CJ Order On Board 24/8/2021

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.30/2021 registered at Police Station Dadhi, District Bemetara (CG) for the offence punishable under Section 376(1) of the IPC.

3. The applicant has allegedly committed forcible sexual intercourse with the prosecutrix, a married woman aged about

MCRC No. 4506 of 2021 30 years. The material available in the case diary indicates that on 25.3.2021, the applicant took the prosecutrix to the agricultural field and was committing rape. Her husband reached the place of occurrence and on seeing them in a compromising position, he assaulted the applicant.

4. Learned counsel for the State opposes the bail application. However, he submits that the concerned SHO has not reported any previous criminal antecedents of the applicant.

5. Considering the entire facts situation of the case and for the fact that the applicant is in jail since 25.3.2021; the charge sheet has already been filed; and there is no criminal antecedents, I am of the opinion that present is a fit case to release the applicant on regular bail.

6. Accordingly, the 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.

7. Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Acting Chief Justice Shyna