High Court Of ChhattisgarhMCRC/4830/2020allowed

Ramdhan v. State Of Chhattisgarh

2020-10-19Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 4830 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4830 of 2020 • Ramdhan S/o Hariya Ram Yadav Aged About 24 Years By Caste - Aahir, Occupation - Labour, Residence Of Village - Kardna, P.S. Batauli, District - Surguja Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Mahila Thana Ambikapur, District - Surguja Chhattisgarh. ---- Respondent For Applicant :- Mr. Sunil Tripathi, Advocate For Respondent-State :- Mr. K.K. Singh, G.A.

Proceedings through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 19/10/2020

1. Heard.

2. The applicant has preferred this application under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with crime No.63/2020 registered in Police Station Station House Officer, Mahila Thana, Ambikapur District - Surguja, C.G. for the offence punishable under Section 376(2) (ढ), 506 of the I.P.C.

3. The prosecutrix aged about 21 years started living with the applicant from 04.08.2019. During her stay, the applicant

MCRC No. 4830 of 2020 used to commit forcible sexual intercourse on promise to marry, however, subsequently, the prosecutrix found out that the applicant is maintaining relation with some other girl and for that reason he is refusing to marry her despite repeated request. The FIR was lodged on 13.11.2019 when the applicant abandoned the prosecutrix.

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

5. Considering that the prosecutrix is a major girl, aged about 21 years and the FIR was lodged after continuous relation for more than two months and only when the applicant refused to marry her and also the fact that the applicant is in jail since 11.06.2020 and charge sheet has already been filed, the present appears to be a fit case for grant of bail.

6. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and the applicant is directed to be released on bail on executing a personal bond for a sum of ₹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) Judge Ayushi