Dileshwar Mali v. State Of Chhattisgarh

MCRCA No. 1067 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1067 of 2020 • Dileshwar Mali S/o Mohan Lal Mali Aged About 23 Years R/o Village- Sakrali, P.S. And Dabhra, Dist.- Janjgir- Champa, (C.G.)., District : Janjgir-Champa, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through District Magistrate, Dist.- JanjgirChampa, (C.G.) ---- Respondent For Applicant Mr. Ishwar Jaiswal, Advocate For Respondent/State Mr. Alok Bakshi, Additional Advocate General SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 26/11/2020

1. Heard.

2. This is an application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.236/18 registered at Police Station Dabhra, District Jangjir-Champa (CG) for the offence punishable under Section 376 of the IPC.

3. The applicant sexually exploited the prosecutrix on promise to marry. Having stayed with the prosecutrix for few months, the

MCRCA No. 1067 of 2020 applicant abandoned her on 13.8.2017.

4. Although there is considerable delay in lodging the FIR, but that is to be considered when the applicant moves for regular bail.

5. Considering the nature of allegations, I am not inclined to extend the benefit of Section 438 of Cr.P.C. to the applicant

6. Accordingly, The bail application is dismissed. However, in the event, the applicant surrenders and applies for regular bail, the jurisdictional Court shall consider and decide his bail application expeditiously. Sd/- (Prashant Kumar Mishra) Judge Gowri