Chattisgarh High Court
Gulab Ansari vs State Of Chhattisgarh 3 Mcrc/938/2020 ... on 19 March, 2020
1
MCRC No. 945 of 2020
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 945 of 2020
Gulab Ansari S/o Ishaq Ansari Aged About 36 Years R/o Gothan
Para, Ward No. 17 Tilda Nevra, Police Station - Nevra, Civil And
Revenue District - Raipur Chhattisgarh.
---- Petitioner
Versus
State Of Chhattisgarh Through - Station House Officer, Police
Station - Suhela, Civil And Revenue District - Balodabazar
Bhatapara Chhattisgarh.
---- Respondent
For Applicant Mr. Devesh G. Kela, Advocate For Respondent/State Mr. KK Singh, Government Advocate SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 19/3/2020
1. Heard.
2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.288/19 registered at Police Station Suhela, District Balodabazar, Bhatapara (CG) for the offence punishable under Sections 363, 366, 376, 313, 417 of IPC and 6 of the POCSO Act.
3. The applicant has allegedly abducted the prosecutrix and committed forcible sexual intercourse on promise to marry for 2 MCRC No. 945 of 2020 a period of 2 years. During this period, the prosecturix once became pregnant but the pregnancy was aborted.
4. Learned counsel for the State opposes the bail application.
5. Considering that the prosecutrix and the applicant were involved in an affair pursuant to which she started residing with the applicant and no complaint was made for a good 2 years time as also for the fact that the applicant is in jail since 4.11.2019 and the trial may take some time due to unprecedented COVID-19 pandemic, I am of the opinion that present is a fit case to release the applicant on regular bail.
6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety in 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.
7. Certified copy as per rules. Sd/-
(Prashant Kumar Mishra) Judge Shyna