High Court Of ChhattisgarhMCRC/5117/2020allowed

Mahendra Singh Armo v. State Of Chhattisgarh

2020-08-19Hon'Ble Smt. Justice Rajani Dubey2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5117 of 2020 • Mahendra Singh Armo, S/o. Sdudarshan Ram, Aged about 22 years, R/o. Village Gouripur, PS Chalgali, District BalrampurRamanujganj CG ---- Applicant

Versus

• State Of Chhattisgarh, Through Station House Officer, Police Station Chalgali district Balrampur-Ramanujganj CG ---- Respondent For Applicant : Shri Awadh Tripathi, Advocate For Respondent /State : Shri Rahul Jha, GA Hon'ble Smt. Justice Rajani Dubey Order On Board 19/08/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 19/2020 registered at police station Chalgali, District Balrampur-Ramanujganj (CG) for the offence punishable under Sections 376(2)(m), 313 and 506 IPC. As per prosecution case, report was lodged by the prosecutrix alleging that the applicant has developed physical relation with the applicant on the pretext of marriage.

Counsel for the applicant submits that the applicant has been falsely implicated in the case. He further submits that the prosecutrix was major and consenting party. He submits that the prosecutrix lived

with him for a long time as his wife and when he refused to marry her a false report has been lodged against the applicant. Lastly, he submits that the applicant is in jail since 20.02.2020 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion, therefore he may be released on bail. On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna