Mahendra Nayak v. State Of Chhattisgarh,

MCRCA No. 1513 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1513 of 2020 • Mahendra Nayak S/o Sonu Nayak, Aged About 33 Years R/o Village - Lakhagarh, Police Station - Pithora, District - Mahasamund Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through - The Station House Officer, Police Station Basna, District - Mahasamund Chhattisgarh. ---- Respondent For Applicant :- Mr. Raghvendra Pradhan, Adv For Respondent-State :- Mr. Sudeep Agrawal, Dy.A.G.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 16/12/2020

1. The applicant has preferred this application for grant of anticipatory bail, as he apprehends his arrest in connection with Crime No.421/2020, registered at Police Station Basna, District - Mahasamund C.G. for offence punishable under Sectiona 354, 376 (2)(n), 456, 506 of the I.P.C. and Section 66 E of the Information Technology Act.

2. Applicant has committed forcible sexual intercourse; house trespass; outraged the modesty; criminally intimidated and circulated obscene pictures/videos of the prosecutrix.

MCRCA No. 1513 of 2020

3. Learned counsel for the applicant referring to the document Annexure A-2 which is the exchange of text messages between the applicant and the prosecutrix would submit that they were in an affair and the prosecutrix was a consenting party, therefore, he is entitled to be released on anticipatory bail.

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

5. Having seen the nature of allegation and the seriousness of the offence, I am not inclined to release the applicant on anticipatory bail.

6. Accordingly, the anticipatory bail application is rejected. In the event applicant surrenders and moves the regular bail application, the jurisdictional Court shall consider and decide the same expeditiously SD/- (Prashant Kumar Mishra) Judge Ayushi