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High Court Of ChhattisgarhMCRC/7831/2020allowed

Ameer Chand v. State Of Chhattisgarh

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

MCRC No. 7831 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7831 of 2020 • Ameer Chand S/o Late Ramkishun Markam Aged About 43 Years R/o Mohli Police Station Trikunda, District BalrampurRamanujganj, Chhatisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Trikunda, District Balrampur- Ramanujganj, Chhatisgarh ---- Respondent For Applicant :- Mr. Sharad Mishra, Advocate For Respondent-State :- Mr. Anmol Sharma, PL Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 28/01/2021

1. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.54/2020, registered at Police Station Trikunda, District- Balrampur- Ramanujganj C.G. for the offences punishable under Section 376, 450 of the I.P.C.

2. Applicant has allegedly committed forcible sexual intercourse with the prosecutrix, a married lady aged about

MCRC No. 7831 of 2020 30 years. The incident happened at about 8:30 pm on 17.07.2020 in the house of the prosecutrix where, as per material available in the case diary, driver Raj Kumar was sleeping in the veranda (aangan). If the prosecutrix would have raised alarm, at the time of incident, there does not appear any reason why Raj Kumar, sleeping in the veranda would not have awoke.

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

4. Having considered the material available in the case diary and for the fact that the applicant is in jail since 20.07.2020 and the charge sheet has already been filed, I am inclined to release the applicant on bail.

5. Accordingly, the application is allowed and the applicant is directed to be released on bail on executing a personal bond for a sum of Rs.50,000/- with one surety for 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.

SD/- (Prashant Kumar Mishra) Judge Ayushi