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High Court Of ChhattisgarhMCRC/3954/2017allowed

Rohit Thakur @ Golu v. State Of Chhattisgarh

2017-11-21Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3954 of 2017 • Rohit Thakur @ Golu, S/o Hemant Thakur, aged about 23 years, residing at Village Manganpur, Patelpara, P.S. Darbha Revenue and Civil District Bastar (CG) ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station - Bandaji, Jagdalpur, District- Bastar, Chhattisgarh.

---- Non-Applicant For Applicant : Shri P.K. Tulsyan, Advocate.

For Non-Applicant : Shri Ashutosh Pandey, Panel Lawyer.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 21/11/2017

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.4/2017, registered in Police Station : Bandaji, District Bastar for offence under Section 376 of the IPC.

2. The applicant has allegedly committed forcible sexual intercourse with the prosecutrix, aged about 22 years on promise to marry.

3. On a reading of the FIR, it is reflected that the applicant's sexual relations with the prosecutrix continued for about 4 years. Even the last incident had taken place on 15.12.2016, however, the written report was lodged on 16.2.2017.

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

5. Considering the entire fact situation of the case and for the fact that the applicant is in jail since 29.4.2017; investigation is complete as the charge sheet has already been filed and particularly the age of the

prosecutrix and delay in lodging the FIR, this Court is inclined to release the applicant on bail.

6. 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.25,000/- 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/- Judge (Prashant Kumar Mishra) Barve