Ramkumar Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5180 of 2017 • Ramkumar Verma S/o Shri Moolchand Verma, aged about 31 years, R/o Maalkharauda, District- Janjgir- Champa, Chhattisgarh. Present Address Old Basti Darri, Tahsil - Katghora, District Korba, Chhattisgarh. ----Applicant

Versus

• State Of Chhattisgarh, through Station House Officer, Police Station AJAK, District Korba (CG) ---- Non-Applicant For Applicant : Shri Awadh Tripathi, Advocate.

For Non-Applicant : Shri Ashutosh Pandey, Panel Lawyer. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 30/11/2017

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.5/2017, registered at Police Station : AJAK, District Korba for offence under Section 376 of the IPC and Section 3 (1)(xii) & 3 (2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. The applicant has allegedly committed forcible sexual intercourse with the prosecutrix aged about 37 years.

3. Perusal of the case diary and her deposition as well would indicate that she has diluted the allegation to a great extent and when examined in the Court, she would state as if she has initiated and continued her relations with the applicant at her own.

4. Without commenting on the evidentiary value of the statement, present is considered to be a fit case for releasing the applicant on bail because the applicant is in jail since 31.5.2017 and the prosecutrix has already been examined in course of trial.

5. 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