Ajay Dhritlahare vs State of C.G.

Sanjay K. Agrawal, J.

This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No. 252/2014 registered at Police Station Baloda Bazar, District Baloda Bazar, for the offence punishable under Sections 363, 366 and 376 of IPC. Case of the prosecution, in brief, is that present applicant abducted prosecutrix Hemlata on 19.11.2012 and committed sexual intercourse with her till lodging of FIR on 22.06.2013.

Learned counsel for the applicant submits that the prosecutrix is consenting party and the applicant and prosecutrix are living together as husband and wife and is also having female child out of said wedlock, and therefore, the applicant may be released on bail.

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

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

Without commenting on merits, considering the totality of the facts and circumstances of the case, and considering the fact that the applicant and prosecutrix are living together for last one year and six months and also having female child and further considering the fact that applicant is in detention since 25.11.2014, this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

It is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned Court for his appearance as and when directed. Certified copy today.