High Court Of ChhattisgarhMCRC/8296/2019allowed

Imanuvel Kisoriya v. State Of Chhattisgarh

2020-02-13Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8296 of 2019 • Imanuvel Kisoriya S/o Shri Sunil Kisoriya Aged About 21 Years R/o Jinat Vihar Face -1 Ganesh Nagar, Sirgitti, Police Station Sirgitti, District Bilaspur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Sirgitti, District Bilaspur Chhattisgarh ---- Respondent For Applicant : Shri G.L.Uikey, Advocate For Respondent/State : Shri V.K.Agrawal, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 13/02/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.422/2019 registered at police station Sirgitti, district Bilaspur (CG) for the offence punishable under Sections 376(2)(n) and 506 IPC.

As per prosecution case, a report was lodged by the prosecutrix alleging that the accused has repeatedly subjected the prosecutrix to sexual intercourse against her will and without her consent on the pretext that he would get her husband a job in the railways.

Counsel for the applicant submits that the applicant has been

falsely implicated in the case. He further submits that the prosecutrix was aged about 31 years and was a consenting party. He submits the applicant is in jail since 28.11.2019 and looking to the conduct of the prosecution, it is clear that the trial will take time for its conclusion. On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna