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High Court Of ChhattisgarhMCRC/8605/2020allowed

Mohd. Siraj @ Sonu v. State Of Chhattisgarh

2021-02-24Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 8605 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8605 of 2020 • Mohd. Siraj @ Sonu S/o Shri Saheb Jan, Aged About 27 Years R/o Vaman Toli, Police Station Gourol, District Vaishali (Bihar) , At Present R/o Village Kanberi, Police Station Urga, District Korba Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through The Station House OfÏcer, Police Station Urga, District Korba Chhattisgarh ---- Respondent For Applicant Mr. Basant Kaiwartya, Advocate For Respondent /State Mr. Ashutosh Mishra, Panel Lawyer SB.: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 24/2/2021 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.268/2020 registered at Police Station Urga, District Korba (CG) for the offence punishable under Section 376 of the IPC. 3.

The prosecutrix, aged about 19 years, stayed with the applicant form 5.4.2020 to 7.8.2020, during which, the applicant committed

MCRC No. 8605 of 2020 forcible sexual intercourse with her on promise to marry. 4.

In her statement recorded under Section 164 of Cr.P.C, the prosecutrix has denied the incident, therefore, considering that the applicant is in jail since 8.8.2020 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