High Court Of ChhattisgarhMCRC/7839/2020allowed

Samme Lal Kewat v. State Of Chhattisgarh

2021-01-28Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 7839 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7839 of 2020 • Samme Lal Kewat S/o Itwari Kewat Aged About 55 Years R/o Ward No. 5, Mahantpara, Shivrinarayan, P.S. Shivrinarayan, District- Janjgir Champa (Chhattisgarh) ---- Petitioner

Versus

• State Of Chhattisgarh Thought- S.H.O., P.S. Shivrinarayan, Dist. - Janjgir Champa (Chhattisgarh) ---- Respondent For Applicant Mr. Ravindra Sharma, Advocate For Respondent /State Mr. Arjit Tiwari, Panel Lawyer SB.: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 28/1/2021

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.240/2020 registered at Police Station Shivrinarayan, District JanjgirChampa (CG) for the offence punishable under Section 376(2)(<) of the IPC.

3. The applicant has allegedly committed forcible sexual intercourse with the prosecutrix during the period from 8:00

MCRC No. 7839 of 2020 p.m. on 15.8.2020 till the morning of 16.8.2020. As per the statement of the prosecutrix, when she was going to purchase snacks (Bhajia), the applicant caught hold of her hand and took her to Baniya Ghat and committed sexual intercourse and thereafter, they stayed overnight in the house of the applicant. The mother of the prosecutrix reached to the applicant's house in the morning and took the prosecutrix to her house. The prosecutrix has already been examined before the trial Court. Her deposition has been filed as an additional document.

4. Having seen the material available in the case diary and without commenting on the merits of the case, I am inclined to release the applicant on regular bail.

5. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his furnishing 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.

6. Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna