Smt. Heeramati v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6830 of 2019 • Smt. Heeramati W/o Meetu Ram Aged About 19 Years R/o Sidhma, P.S. And Tahsil Rajpur, District Balrampur-Ramanujganj, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, P.S. Shankargarh, District Balrampur-Ramanujganj, Chhattisgarh. ---- Respondent For Applicant :

Mr. Jitendra Shrivastava, Advocate.

For Respondent :

Mr. Anurag Verma, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 10/12/2019 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing her on regular bail during trial in connection with Crime No. 113/2019 registered at Police Station - Sankargarh, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 363, 366 & 376 of IPC and Sections 4, 5 & 6 of the Protection of Children from Sexual Offences Act, 2012.

• The prosecution story in brief is that the applicant and her husband took the prosecutrix on the false pretext of marriage and thereafter, they performed her marriage with one Deepak and subsequently, they forced her to have sexual intercourse with Deepak. On the basis of that, after investigation, offence has been registered against the applicant and she has been arrested.

• Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He

further submits that applicant is a married lady and she is in jail since 28.09.2019, there is no previous antecedent against her, therefore, the present appellant may be released on bail.

• On the other hand, counsel for the State opposes the bail application.

• I have heard learned counsel for the parties and perused the case diary.

• Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, further considering the age of the applicant, the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

• Accused/applicant is directed to be released on bail on her executing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. She is directed to appear before the said Court on each and every date given to her by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu