Avinash Khurana v. State Of Chhattisgarh

MCRC No.8711 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8711 of 2020 • Avinash Khurana S/o Maharathi Khurana Aged About 30 Years Caste Satnami, R/o Village Pihrid, Police Station And Tahsil Malkharoda, District Janjgir Champa Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through Police Station Nevai, District Durg Chhattisgarh ---- Respondent For Applicant - Shri Pushpendra Kumar Patel, Advocate.

For Respondent - Shri Ashutosh Mishra, Panel Lawyer.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 01/03/2021

1. Heard.

2. The applicant has preferred this bail application under Section 439 of the Cr.P.C., as he has been arrested in connection with Crime No.71/2020, registered at Police Station: Nevai, Durg, District: Durg (C.G.) for the offence punishable under Section 376, 376 (2)(N), 417 of the Indian Penal Code.

3. The prosecutrix, a divorced lady aged about 31 years had an affair with the applicant from 2011-2015. As a consequence of their physical relation, the prosecutrix became pregnant which

MCRC No.8711 of 2020 was aborted in February, 2015. She was married to some other person on 10-07-2016 but was mutually divorced on 12-1-2018. During the period of her marriage also, she was continuing her affair with the applicant and after being divorced as well. She alleged that the applicant promised to marry her after she was divorced from her previous husband, but later on he refused to marry.

4. Learned State counsel would oppose the prayer for grant of bail.

5. Considering the nature of allegation, I am inclined to release the applicant on 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 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. SD/- (Prashant Kumar Mishra) Judge Amardeep