Simon Tigga v. State Of Chhattisgarh

MCRC No. 7733 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7733 of 2020 • Simon Tigga S/o Shri Manrup Tigga Aged About 21 Years R/o Village Dantidhab (Narmadapur) Mainpat, Police Station Kamleshwarpur, District Surguja, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Police Station Kamleshwarpur, District Surguja, Chhattisgarh ---- Respondent For Applicant Mr. Sunil Tripathi, Advocate For Respondent/State Mr. Soumya Rai, Panel Lawyer SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 27/1/2021

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.66/2020 registered at Police Station Kamleshwarpur, District Surguja (CG) for the offence punishable under Sections 376(2)(<), 342 of the IPC.

3. The applicant has allegedly committed sexual intercourse with the prosecutrix, aged about 20 years. From the contents of the

MCRC No. 7733 of 2020 FIR and the diary statement of the prosecutrix, it appears, even after commission of the sexual intercourse, they remained together at the place of occurrence for about 2-3 hours and the FIR was lodged after about 13 days of the incident.

4. The applicant is in jail since 1.10.2020 and the charge sheet has already been filed, therefore, considering the entire facts situation of the case, this Court is 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