Fuleshwar Sirdar v. State Of Chhattisgarh

MCRC No. 8313 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8313 of 2020 • Fuleshwar Sirdar S/o Budhram Sirdar Aged About 41 Years R/o Village Takar, Police Station Premnagar, District Surajpur Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Of Police Station Premnagar, District Surajpur Chhattisgarh. ---- Respondent For Applicant :- Mr. Anil Gulati, Advocate For Respondent-State :- Mr. Rajendra Tripathi, PL Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 17/02/2021

1. Heard.

2. 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.87/2020, registered at Police Station Premnagar, District - Surajpur C.G. for the offence punishable under Section 376(2)(n) of the I.P.C.

3. The prosecutrix aged about 21 years was subjected to forcible sexual intercourse on promise to marry, however,

MCRC No. 8313 of 2020 when examined in Court on 03.02.2021, in course of trial she has turned hostile and denied lodging FIR against the applicant for commission of rape.

4. Considering the entire fact situation of the case, the applicant is directed to be released 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