High Court Of ChhattisgarhMCRC/5785/2021allowed

Murat Singh Markam v. The State Of Chhattisgarh

2021-09-08Hon'Ble The Acting Chief Justice2 pages

MCRC No.5785 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5785 of 2021

1. Murat Singh Markam S/o Shri Mandev Singh Markam Aged About 46 Years Caste Gond R/o Muluknar, Police Station Kotadol, Tahsil Bharatpur District Korea Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ---- Applicant

Versus

1. The State of Chhattisgarh Through Police Station Kotadol, Tahsil Bharatpur District Korea Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ---- Respondent _____________________________________________________ For Applicant - Shri Udho Ram Koshaley, Advocate.

For Respondent/State - Shri Arjit Tiwari, Panel Lawyer.

Hon'ble Shri Prashant Kumar Mishra Ag. Chief Justice Order on Board 08-09-2021

1. Heard.

2. The applicant has preferred the second bail application under Section 439 of the Cr.P.C., as he has been arrested in connection with Crime No.12/21, registered at Police Station - Kotadol, Tahsil-Bharatpur, District - Korea (C.G.) for the offence punishable under Section 376(2) (n) of the Indian Penal Code.

3. The first bail application of the applicant was dismissed for want of prosecution on 27-07-2021 in MCRC No.3766/2021.

4. As per the allegation contained in the First Information Report (F.I.R.), the applicant committed forcible sexual intercourse with the prosecutrix on promise to marry from January 2007 to 2020. The prosecutrix aged about 40 years is an Anganbadi worker. The FIR was lodged when the applicant refused to marry her.

MCRC No.5785 of 2021

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

6. Considering that the applicant is in jail since 03-04-2021 and the delay in lodging the FIR, I am inclined to release the applicant on bail.

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

SD/- (Prashant Kumar Mishra) Acting Chief Justice Amardeep