John Bosco Tirkey (Constable C.A.F.) v. State Of Chhattisgarh And Another

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1185 of 2020

1. John Bosco Tirkey (Constable CAF) son of Nazariyus Tirkey, aged about 31 years, residence of Village Salkadand (Kurma) PS Bagicha, District Jashpur, Chhattisgarh ---- Applicant

Versus

1. State Of Chhattisgarh, Through Station House Officer, Police Station Bagicha, District Jashpur (CG)

2. Aradhna Tirkey, R/o Village Pidi, Post Jhariya, PS Jashpur, CG ---- Non-Applicant For Applicant : Shri CJK Rao, Advocate.

For Non-Applicant : Shri Chandresh Shrivastava, Deputy AG. For Complainant : Shri Arun Kumar Shukla, Advocate.

Proceeding Through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag CJ Order On Board 25/06/2021 :

1. The applicant has preferred this application for grant of anticipatory bail as he apprehends his arrest in connection with Crime No.83/2020, registered at Police Station Bagicha, District Jashpur for offences punishable under Section 376 of the IPC.

2. The applicant has committed forcible sexual intercourse with the prosecutrix on promise to marry.

3. On previous dates of hearing, the applicant has undertaken that he would perform marriage but the marriage has not been performed.

4. The prosecutrix is connected during the Virtual Hearing through the Help Desk DLSA Jashpur.

5. Shri Arun Kumar Shukla, learned counsel for the complainant would

inform that the applicant is offering money for the settlement and is denying to marry the prosecutrix. The prosecutrix also submits that the applicant does not deserve to be released on anticipatory bail, as he has sexually exploited her on promise to marry.

6. Considering the entire fact situation of the case, I am not inclined to release the applicant on anticipatory bail. Accordingly, the Application is rejected.

Sd/- (Prashant Kumar Mishra) Acting Chief Justice Barve