Manilal Sahu vs State Of Chhattisgarh on 14 July, 2021

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Chattisgarh High Court

Manilal Sahu vs State Of Chhattisgarh on 14 July, 2021

Bench: Prashant Kumar Mishra

                                 1
                                                 MCRC No. 2600 of 2021


                                                              NAFR

      HIGH COURT OF CHHATTISGARH, BILASPUR

                   MCRC No. 2600 of 2021

    Manilal Sahu S/o Hemlal Sahu Aged About 30 Years R/o
     Kantakurridih, Police Station Keregaon, Tahsil Nagri, District
     - Dhamtari (Chhattisgarh)

                                                    ---- Applicant

                              Versus

    State Of Chhattisgarh Through Station House Officer, Police
     Of Police Station Arjuni, District- Dhamtari (Chhattisgarh)

                                                ---- Respondent

For Applicant :- Mr. Hariom Rai, Advocate For Respondent-State :- Mr. Vikram Sharma, Dy. G.A. Proceedings through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag.CJ Order On Board 14/07/2021

1. The applicant has preferred this application under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with crime No.79/2021 registered in Police Station Arjuni, District - Dhamtari C.G. for the offence punishable under Section 376, 506 of the I.P.C.

2. Applicant allegedly committed forcible sexual intercourse with the prosecutrix in her own house on 22.11.2019 on promise to marry. However, thereafter, a dispute arose between them and the applicant denied to marry her. The 2 MCRC No. 2600 of 2021 second incident of rape happened on 01.3.2021, on alleged threat of disclosing their previous incident to her parents.

3. Learned State counsel would oppose the prayer for grant of bail.

4. Considering the fact that prosecutrix is a grown up girl, aged about 21 years; further considering the fact that there was delay in lodging the FIR after the first incident because thereafter the applicant allegedly denied to marry her but the matter was not reported immediately as also for the fact that applicant is in jail since 16.3.2021 and the charge sheet has already been filed, I am inclined to release the applicant on bail.

5. Accordingly, the application is allowed and the applicant is directed to be released on bail on executing a personal bond for a sum of Rs.50,000/- 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/-

(Prashant Kumar Mishra) Acting Chief Justice Ayushi

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