Shubham Gupta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5913 of 2017 • Shubham Gupta S/o Dayashankar Gupta, Aged About 23 Years R/o Jhalpi, Police Station Balrampur, District Balrampur, Chhattisgarh.

---- Petitioner

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Chalgali, District Balrampur, Chhattisgarh. ---- Respondent For Applicant Shri Awadh Tripathi, Advocate For Respondent-State Shri Ashutosh Pandey, PL Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 30/11/2017 1.

The applicant has preferred this bail application under Section 439 CrPC, as he has been arrested in connection with Crime No.02/2017, registered at Police Station Chalgali, District Balrampur (C.G.) for the offence punishable under Sections 376 (2 Dha), 190, 506-B, 313, 34 of IPC and Section 3 (1-12) of SC/ST (Prevention of Atrocities) Act, 1989.

2.

The applicant and the prosecutrix developed intimacy while they were together attending some training of retail sales persons at Raipur. Material available in the case diary would indicate that after their first sexual encounter, their relationship continued for sufficient length of time, although it is stated that the applicant

continued the relation on promise to marry.

3.

Considering the fact that the prosecutrix is a grown up girl of more than 18 years of age and there is delay in lodging the FIR, this Court is inclined to release the applicant on bail. 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 Nirala