Jai Singh Bhaina v. State Of Chhattisgarh

MCRC No. 5482 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5482 of 2020 • Jai Singh Bhaina S/o Bhoglal Bhaina, Aged About 26 Years R/o Village Dhangavan, Police Station Gourela, District- GourelaPendra- Marwahi Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Station Gourela, District Gourela-Pendra-Marwahi Chhattisgarh, ---- Respondent For Applicant Mr. Ashok Soni, Advocate For Respondent/State Ms. Fouzia Mirza, Additional Advocate General Proceedings through Video Conferencing SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 18/9/2020

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.74/2020 registered at Police Station Gaurela, District Gourela-PendraMarwahi (CG) for the offence punishable under Sections 363, 366, 376 of the IPC and Sections 4, 8 of the Protection of

MCRC No. 5482 of 2020 Children from Sexual Offences Act, 2012.

3. From the statement of the prosecutrix recorded under Section 164 of Cr.P.C., it appears, she and the applicant eloped together after a love affair and went to Maharashtra. Thereafter, they returned to the applicant's house, where-from, she was recovered. The prosecutrix says that the applicant has not committed rape with her.

4. Considering the entire facts situation of the case and the statement of the prosecutrix recorded under Section 164 of Cr.PC, this Court is inclined to release the applicant on regular bail.

5. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- with one surety in 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.

6. Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna