Devendra Sahu vs State of Chhattisgarh

Sunil Kumar Sinha, J.—Heard.

Case diary of crime No. 107/2005, registered at Police Station Gariyaband, District Raipur (C.G.), for the offence punishable under Sections 376 & 506 of I.P.C., perused.

The case of prosecution is that a written report dated 16.9.2005 was lodged by the prosecutrix that 8 months prior to the date of report, she was subjected to sexual intercourse by the Applicant Devendra Sahu by which she became pregnant, In her Statement u/s 161 of Code of Criminal Procedure, she stated that the Applicant committed sexual intercourse against her for many times.

Learned Counsel for the Applicant submits that the prosecutrix, is a major lady aged about 19 years and a case u/s 376 of I.P.C. would not be made out. He prays for releasing the Applicant on bail.

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

Considering the facts and circumstances of the case, particularly considering the contents of F.I.R. nature of allegation and the age and conduct of the prosecutrix, I am of the opinion that present is a fit case, in which the Applicant should be enlarged on bail. Accordingly, his application is allowed.

Let the Applicant be enlarged on bail on his furnishing a personal bond in sum of Rs. 10,000/- with one surety in like amount to the satisfaction of the trial Court for his appearance before the said Court on each date of hearing till the disposal of the trial.