High Court Of ChhattisgarhMCRC/8493/2020allowed

Ballabh Harijan v. State Of Chhattisgarh,

2021-02-18Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 8493 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8493 of 2020 • Ballabh Harijan S/o Dayadan Harijan Aged About 23 Years R/o Village Bandhaguda Binjili Police Station Kodenga District Navrangpur Orrisa, District : Nabarangapur *, Orissa ---- Petitioner

Versus

• State Of Chhattisgarh, Through Thana Parpa District Bastar Chhattisgarh ---- Respondent For Applicant Mr. Vikash A Shrivastava, Advocate For Respondent /State Mr. Devendra Singh, Dy. AG SB.: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 18/2/2021

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.205/2020 registered at Police Station Parpa, District Bastar (CG) for the offence punishable under Sections 376 & 417 of the IPC.

3. As per the material available in the case diary, the prosecutrix met the applicant on a marriage function and developed intimacy. They kept on meeting at regular intervals and sexual

MCRC No. 8493 of 2020 intercourse used to happen once in every month. In August 2020, the applicant took the prosecutrix to his house in the State of Orissa and they stayed together as husband and wife for about a month. When the prosecutrix was ill-treated, she informed her parents, where-after, they reached the applicant's house and brought the prosecutrix to her village. The prosecutrix is aged about 19 years.

4. Considering the entire facts situation of case and for the fact that the applicant is in jail since 30.10.2020 and the charge sheet has already been filed, 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