High CourtsSingle Bench

Narayan Chandrakar vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 16 April 2018 · Citation: (2018) 04 CHH CK 0180

HON’BLE JUDGES
GOUTAM BHADURI, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 506, 342, 450, 376(F)
RESULT
Allowed
CASE NUMBER
MCRC No. 587 of 2018
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Judgment

14 paragraphs · 248 words
1.

This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been

arrested on 18.10.2017 in connection with Crime No. 24/2017 registered at Police Station Ramchandrapur, District Balrampur (CG) for the offence

punishable under Sections 506, 342, 450, 376 (F) of the I.P.C.

2.

As per the prosecution case, a report was lodged by the victim that the applicant has committed forceful sexual intercourse with the prosecutrix by

extending threat of life. As such the offence has been committed.

3.

Learned counsel for the applicant submits that the prosecutrix has been examined before the Court below and she has completely disowned the

happening of the incident and she has submitted that the dispute took place on the issue of picking mahua, therefore, the applicant may be released on

bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the statement of the victim, who is examined as PW-1. After perusal of the statement without any observation on merit, I am inclined to

release the applicant on bail.

6.

Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/-

with one surety in the like sum 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.