Roman @ Romal Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4514 of 2016 • Roman @ Romal Verma S/O Bhulau Verma Aged About 32 Years R/O Village Piya, Police Station And District Bemetara Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Of Police Station Bemetara, District Bemetara Chhattisgarh. ---- Respondent -------------------------------------------------------------------------------------------------- For Applicant : Mr. B.P. Singh, Advocate.

For Respondent/State : Mr. Anant Bajpai, Panel Lawyer.

-------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 16-08-2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 17-6-2016 in connection with Crime Nos. 136 of 2016, registered at Police Station Bemetara, District Bemetara (CG) for the offence punishable under Sections 376 & 452 of IPC.

2. Case of the prosecution, in brief, is that on 16-6-2016, the applicant who is brother-in-law of the prosecutrix went to the house of the prosecutrix, asked her certain documents of land and thereafter forcibly committed rape on her and when the husband of the prosecutrix came there, applicant fled away from the spot and thereby the aforesaid offence was committed.

3.

Learned counsel appearing for the applicant would submit that the prosecutrix is aged about 43 years, false allegations have been attributed to the applicant as the husband of the prosecutrix came and saw them in compromised position. He would further submit

that the applicant has been falsely implicated in the case, chargesheet has been filed in the case, the applicant is in jail since 16-62016 and no further evidence is required, therefore, the applicant may be enlarged on bail.

4. On the other hand, learned State counsel opposes the prayer for grant of bail.

5.

I have heard learned counsel for the parties and have also perused the case diary and other documents.

6.

Perused the statement of the prosecutrix recorded under Sections 161 and 164 of the Cr.P.C.

7.

Taking into consideration the facts and circumstances of the case and considering the statement of the prosecutrix and without any observation on the merit of the case, I am inclined to release the applicant on bail.

8.

Accordingly, the bail application filed by the applicant under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance as and when directed.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Raju