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High Court Of ChhattisgarhMCRC/6468/2018allowed

Aman Soni v. State Of Chhattisgarh

2018-09-27Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6468 of 2018 • Aman Soni S/o Omprakash Soni Aged About 23 Years R/o Village Imlibhata Ambedkar Nagar Aawas Q. No. P/58 Sarkanda P. S. Sarkanda District Sarkanda Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through P. S. Sarkanda District Sarkanda Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Respondent For Applicant : Shri Amit Kumar, Advocate For Respondent/State : Shri Ravindra Agrawal, GA Hon'ble Smt. Justice Rajani Dubey Order On Board 27/09/2018 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as she is in custody in connection with Crime No. 579/2018 registered at police station Sarkanda District Bilaspur (CG) for the offence punishable under Sections 376 (2)(n), 471,506 & 450 IPC.

As per prosecution case, on 04.08.2018, report was lodged by the complainant that the applicant had committed sexual intercourse with her on several occasions on the pretext of marriage. Counsel for the applicant submits that the prosecutrix is a major and there was delay in lodging the FIR. He submits that he has been falsely implicated and that he is in jail since 04.08.2018 and the trial will take time for

final disposal and therefore he may be released on bail. On the other hand, learned counsel for the State opposes the bail application.

Considering the totality of the facts and circumstances of the case, in particular the nature of allegation against the applicant, I am inclined to release him on bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed.

It is directed that in the event of the applicant's furnishing a personal bond of Rs. 20,000/- with one surety in the like sum to the satisfaction of the concerned court for his appearance before it as and when directed, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna