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High Court Of ChhattisgarhMCRC/7442/2018allowed

Deepak Rathore v. State Of Chhattisgarh

2018-10-29Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7442 of 2018 Deepak Rathore S/o Ram Avtar Rathore (as per arrest memo the name of the father is mentioned as Ram Lal Rathore) aged About 22 Years, Resident Of Jogisar, Police Station Gourela, District Bilaspur Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, P.S. Gourela, District Bilaspur Chhattisgarh.

---- Respondent For applicant - Shri B.P. Singh, Advocate.

For Respondent/State -Shri Dilman Rati Minj, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 29/10/2018 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.153/2018 registered in Police Station Gourela, Civil and Revenue Distict, Bilaspur (C.G.) for offence punishable under section 376 of IPC.

2.

As per the prosecution case, a report was made by the prosecutrix on 3/06/2018 that after death of her husband the applicant assured her to get married and on that pretex he committed sexual intercourse, however refused to marry.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case, incident though alleged to be of 2015 it is because of the applicant objected to certain act prosecutrix therefore in order to suppress the same report was made, therefore the applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Charge sheet in this case has been filed. It is stated that in 2015

she was in relation with the applicant and she became pregnant, thereafter report was made. Considering the nature of the allegation, charge sheet has been filed, this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri