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High Court Of ChhattisgarhMCRC/4926/2018allowed

Parakh Sahu v. State Of Chhattisgarh

2018-07-30Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4926 of 2018 • Parakh Sahu S/o Vijay Sahu, Aged About 29 Years, R/o Village Bargaon, Police Station Dongargaon, District Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Dongargaon, District Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh ----Non-applicant For Applicant - Shri Kapil Maini, Advocate.

For Non-applicant/State -Shri N.K. Mehta, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 30-07-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 26-06-2018 in connection with Crime No.155/2018 registered at P.S. - Dongargaon, District Rajnandgaon, Chhattisgarh for the offence under Section 366 & 376 of the IPC. 2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in jail since 26-06-2018. No case is made out against him. The prosecutrix is a major lady and she was a consenting party in physical relation with this applicant. Hence, it is prayed that the applicant may be released on regular bail.

3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the case diary. 5.

The case against this applicant is this, that this applicant allured the prosecutrix with a false promise to marry her and then by keeping her in Bhopal for almost about two months exploited her sexually. Then, the applicant

-2brought the prosecutrix to Rajnandgaon and has left her in railway station. Thereafter, he could not be found. Hence, this FIR has been lodged against him.

6.

After considering on the material present in the case diary, I am of this view that this applicant deserves to be granted regular bail. 7.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. 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 Court, for his appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil