Akash Sonwani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Akash Sonwani S/o Sameshwar Sonwani Aged About 26 Years R/o Village Patrapara P.S. And Tahsil Rajpur District Balrampur Ramanujganj, At Present R/o Village Sakalo P.S. Gandhinagar, Ambikapur District Surguja Chhatitisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through S.H.O. Police Station Gandhinagar Ambikapur, District Surguja Chhattisgarh ---- Respondent For Applicant Mr. Dev Ashish Biswas, 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 8/10/2020

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.210/2020 registered at Police Station Gandhinagar, Ambikapur, District Surguja (CG) for the offence punishable under Sections 376(2)n, 313, 506 of the IPC.

3. The prosecutrix, aged more than 18 years, her present age being 22 years, was subjected to forcible sexual intercourse on 29.6.2017 and thereafter, regularly at different point of time on promise to marry. When the prosecutrix became pregnant, the applicant persuaded her to abort her pregnancy and again committed forcible sexual intercourse, where-after, again, she became pregnant, which too was aborted. When the applicant denied marrying the prosecutrix, a Panchayat meeting was convened, where the applicant was asked to submit a written undertaking of marrying the prosecutrix, but he refused to do so.

4. Learned counsel for the State would oppose the prayer for grant of bail.

5. Considering that the prosecutrix was more than 18 years of age on the date of the first incident; the relationship between the applicant and the prosecutrix continued for about 3 years; the applicant is in jail since 29.6.2020; and the charge sheet has already been filed, this Court is inclined to release the applicant on regular bail.

6. 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.

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