High Court Of ChhattisgarhMCRC/4921/2020allowed

Balkrishna Dewangan v. State Of Chhattisgarh

2020-09-03Hon'Ble Smt. Justice Rajani Dubey2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4921 of 2020 • Balkrishna Dewangan, S/o. Dhirendra, Aged about 26 years, R/o. Village Karri, Chalgali, PS Chalgali, District Balrampur, Ramanujganj CG ---- Applicant

Versus

• State Of Chhattisgarh, Through The Station House officer, Police Station Balrampur, district Balrampur-Ramanujganj CG ---- Respondent For Applicant : Smt. Indira Tripathi, Advocate For Respondent /State : Shri Adil Minhaj, GA Hon'ble Smt. Justice Rajani Dubey Order On Board 03/09/2020 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. 100/2020 registered at police station Balrampur, district Balrampur-Ramanujganj (CG) for the offence punishable under Section 363,366 and 376 IPC. As per prosecution case, report was lodged by the prosecutrix alleging that the applicant has developed physical relation with her on the pretext of marriage.

Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the applicant and the prosecutrix were having love affair. He submits that in the village meeting which was convened three times and the applicant agreed to marry her but she refused to marry. Lastly, he submits that the

applicant is in jail since 17.06.2020 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