Rajkumar Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5954 of 2020

1. Rajkumar Singh S/o Shivmangal Singh Aged About 22 Years Resident Of Khaira, Police Station-Chandani Biharpur, District-Surajpur, CG.

---- Applicant

Versus

1. State Of Chhattisgarh Through- Station House Officer, Police Station-Balrampur, Dist. Balrampur-Ramanujganj, CG. ---- Respondent For Applicant Mr. R.V. Ram Rajwade, Advocate For Respondent /State Ms. Fouzia Mirza, Addl. Adv. General (Proceedings through Video Conferencing) Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 28/10/2020 1.

Heard.

2.

The applicant has preferred this first bail application under Section 439 of CrPC, as he is arrested in connection with Crime No.213/2019, registered at Police Station Balrampur, District Balrampur-Ramanujganj (CG), for the offence punishable under Sections 376(2)(ढ), 506 & 317 of the Indian Penal Code.

3.

The prosecutrix, aged about 22 years, is a married woman, however, she has left her husband and living alone. While she was working under the Mid Day Meal Scheme at Eklavya School, Bhelvadih she came in contact with the applicant

who was also used to run the exhaust machine in the same school. In due course, the applicant sexually exploited the prosecutrix on promise to marry and the relationship continued for about 2-3 months, however, later on he refused to marry.

4.

Learned counsel for the State, per contra, would oppose the bail application.

5.

Considering the fact that the prosecutrix is more than 18 years of age and there appears consensual sexual relation as also for the fact that the applicant is in detention since 30-11-2019 and further considering the fact that the charge sheet has already been filed, I am of the opinion that present is a fit case to release the applicant on regular bail. 6.

Accordingly, the bail application M.Cr.C.No.5954 of 2020 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 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 Gowri