High Court Of ChhattisgarhMCRC/4794/2020allowed

Anil Dewangan v. State Of Chhattisgarh

2020-09-15Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4794 of 2020 • Anil Dewangan S/o Narendra Dewangan Aged About 23 Years Resident Of Ward No. 8, Mahamaya Para, Purani Basti, P.S. Tilda Newra, District Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, P.S. Tilda Newra, District Raipur, Chhattisgarh ---- Non-Applicant For Applicant : Shri Rekhraj Baghel, Advocate.

For Non-Applicant : Shri Gagan Tiwari, Deputy GA. Proceeding Through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 15/09/2020 :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.185/2020 registered in Police Station Tilda Newra, District Raipur for offence under Section 376 and 506 of the IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012.

2. The prosecutrix, aged about 17 years, lodged a written complaint on 25.6.2020 stating that the applicant's sister Prabha persuaded her to befriend the present applicant. In February 2019, the applicant committed forcible sexual intercourse for the first time and

thereafter continued to commit rape till August, 2019.

3. Material available in the case diary indicates that the present FIR was lodged when the applicant's elder brother Sunil eloped with the prosecutrix' elder sister. After this incident, the present prosecutrix informed her family members about the incident of rape committed by the applicant.

4. Considering the explanation offered for explaining delay of about 10 months from August, 2019 to 25.6.2020 and immediate trigger for lodging the FIR, as also for the fact that the applicant is in jail since 27.6.2020 and charge sheet has already been filed, this Court is inclined to release the applicant on bail.

5. 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/- Judge (Prashant Kumar Mishra) Barve