Brijesh Shah v. State Of Chhattisgarh

MCRC No.7975 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7975 of 2020 • Brijesh Shah S/o Shriram Shah, Aged About 24 Years R/o Near Rajaram Cycle Stores, Link Road, Camp-02, Bhilai Tehsil And District: Durg, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through: The District Magistrate, District: Durg, Chhattisgarh.

---- Respondent For Applicant - Ms. Priya Sharma, Advocate on behalf of Shri Avinash Chand Sahu, Advocate.

For Respondent - Ms. Akshara Amit, Advocate.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 04/02/2021

1. Heard.

2. The applicant has preferred this bail application under Section 439 of the Cr.P.C., as he has been arrested in connection with Crime No.513/2020, registered at Police Station Chhawni, District: Durg (C.G.) for the offence punishable under Section 376 of the Indian Penal Code.

3. Applicant has committed forcible sexual intercourse with the prosecutrix on promise to marry.

MCRC No.7975 of 2020

4. Learned counsel for the applicant refers to the memo of no objection and afÏdavit filed by the prosecutix before the trial Court.

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

6. Whether or not, the prosecutrix eventually support the prosecution would be seen in the trial. Merely on the basis of some afÏdavit, the person accused of committing rape on promise to marry cannot be enlarged on bail. Consequently, the bail application is dismissed with liberty to revive the prayer after examination of the prosecutrix.

SD/- (Prashant Kumar Mishra) Judge Amardeep