High Court Of ChhattisgarhMCRC/7997/2020allowed

Ajay Kumar v. State Of Chhattisgarh

2021-02-10Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 7997 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7997 of 2020 • Ajay Kumar S/o Rajendra Prasad, Aged About 32 Years R/o Bapu Nagar, Near Gardan, Khursipar, Bhilai, District / Tahsil - Durg Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through - District Magistrate, Durg, District - Durg Chhattisgarh.

---- Respondent For Applicant Mr. TK Jha, Advocate For Respondent /State Mr. Ravish Verma, Government Advocate SB.: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 10/2/2021

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.516/2020 registered at Police Station Khurispar, Bhilai, District Durg (CG) for the offence punishable under Sections 376, 506, 384, 499 of the IPC and 67 of the I.T. Act.

3. The applicant has allegedly committed sexual intercourse with the prosecutrix, a widow lady aged about 30 years, and tried to extort money by threatening her to circulate her semi nude photographs to her relatives/friends.

MCRC No. 7997 of 2020

4. Learned counsel for the State would oppose the bail application. He would read the FIR, diary statement and the statement under Section 164 of Cr.P.C. of the prosecutrix.

5. It appears, the prosecutrix and the applicant were in relationship from December 2019 onwards. There are instances where the prosecutrix handed over different amounts to the applicant. After their relationship was known to her friends and relatives, the prosecutrix started tying Rakhi to the applicant at Jamshedpur and thereafter, they again became physical.

6. Considering the entire facts situation of the case, age of the prosecutrix and prima facie the consensual relation between them for a substantial length of time, I am inclined to release the applicant on regular bail.

7. 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.

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