Ankit Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8511 of 2020

1. Ankit Sahu S/o Pramod Sahu Aged About 25 Years R/o Jhulkadam Ward No.11, Police Station Sakti, District Janjgir Champa Chhattisgarh.

---- Applicant

Versus

1. State Of Chhattisgarh Through Police Station City Kotwali, Bilaspur , District Bilaspur Chhattisgarh.

---- Respondent For Applicant Mr. Manoj Paranjape, Advocate For Respondent /State Mr. Rajendra Tripathi, Panel Laywer Hon'ble Mr. Justice Prashant Kumar Mishra Order on Board 18/2/2021 1.

Heard.

2.

The applicant has preferred this first bail application under Section 439 of the Cr.P.C. for grant of bail as he has been arrested in connection with Crime No.224/2020, registered at Police Station City Kotwali, Bilaspur (CG), for the offence under Section 376 of the Indian Penal Code.

3.

Applicant and the prosecutrix are distant relatives and obviously they were acquainted with each other and had developed friendship. For celebrating birthday of the prosecutrix the applicant booked three separate rooms at Suvidha Hotel, Bilaspur wherein after cutting birthday cake the prosecutrix was made to

consume cool drink after which she allegedly fell unconscious and was ravished, however, after regaining consciousness and experiencing the sexual intercourse she continued her conversation with the applicant and checked out from the hotel at 10.00 am on the next day. Thereafter, on 7-9-2020 the prosecutrix reached the applicant's house at Sakti, District Janjgir-Champa, but when the applicant refused to meet her she raised a quarrel and later on after consulting her relatives she lodged the present report on 8-10-2020.

4.

Learned counsel for the State, per contra, would oppose the bail application.

5.

Considering the entire facts situation of the case, particularly considering the delay in lodging the FIR and previous acquaintance/affair and also considering the fact that the applicant is in jail since 2-11-2020 and the charge sheet has already been filed, I am of the opinion that present is a fit case to release the applicant on regular bail.

6.

Accordingly, the bail 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 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. 7.

Certified copy as per rules.

Sd/- (Prashant Kumar Mishra) Judge Gowri