High Court Of ChhattisgarhMCRC/6352/2016allowed

Budheshwar Manikpuri v. State Of Chhattisgarh

2016-10-18Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6352 of 2016 • Budheshwar Manikpuri S/o Mangaldas Aged About 27 Years R/o Residence of Chimdhi, Police Station Benoor, Tehsil & District Kondagaon, Chhattisgarh --- Applicant

Versus

• State of Chhattisgarh through the Police Station Narayanpur, District Narayanpur, Chhattisgarh --- Respondent For the applicant : Mr. Vishnu Koshta, Advocate.

For the Respondent : Mr. Arvind Dubey, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 18.10.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 54 of 2016 registered at P.S. Narayapur, Distt. Narayanpur (C.G) for the offence punishable under Sections 366, 376 & 506 IPC and sections 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

2. As per the prosecution case, a report was made by the victim on 28.05.2016 that for a period from 05.02.2016 to 26.5.2016, the applicant forcibly took the prosecutrix to different places and committed rape on the pretext of marriage. Subsequently she came to know that the applicant is already married, therefore, the report was made.

3. Learned counsel for the applicant would submit that the prosecutrix knowing fully well went alongwith the applicant and her statements u/ss 161 & 164 Cr.P.C., would show that she is a major lady and was consenting party, as such, no

offence has been made out against the applicant, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the statements of prosecutrix u/s 161 & 164 Cr.P.C., which go to show that she went to different places alongwith the present applicant and stayed with him for a considerable period.

6. Considering such statements and the age of the prosecutrix, without any further observation on merits of the case, I am inclined to release the applicant on bail.

7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the trial Court as and when directed by the said Court.

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o