High Court Of ChhattisgarhMCRC/8179/2020allowed

Bhupesh Kumar Meshram v. State Of Chhattisgarh

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

MCRC No. 8179 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8179 of 2020 • Bhupesh Kumar Meshram S/o Dashrath Meshram Aged About 33 Years Caste Mahar, R/o Bihrikala, Police Station Ambagarh Chowki, District Rajnandgaon Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Ambagarh Chowki, District Rajnandgaon Chhattisgarh.

---- Respondent For Applicant :- Mr. Punit Ruparel , Advocate For Respondent-State :- Mr. Ghanshyam Patel, G.A.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 10/02/2021

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.196/2020, registered at Police Station Ambagarh Chowki, District Rajnandgaon C.G. for the offence punishable under Sections 376 and 506 of the I.P.C.

2. Prosecutrix had an affair with the applicant from 2010 onwards. She was married to some other person in 2015 but, continued her affair with the applicant. When this fact

MCRC No. 8179 of 2020 became known to her husband, they were divorced and the affair with the applicant continued. Despite promise, the applicant married with some other girl in 2017 and at the same time continued his relation with the prosecutrix, as a result of which she carried pregnancy and gave birth to a girl child. In DNA examination, the applicant has been found to be the biological father of the child.

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

4. Considering the fact that the affair continued for last about 10 years and the prosecutrix continued relation despite her marriage with some other person, and also considering the fact that the applicant is in detention since 20.10.2020 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 his 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.

Certified copy as per rules.

SD/- (Prashant Kumar Mishra) Judge Ayushi