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Judgment
16 paragraphs · 283 wordsHeard.
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.32/2021 registered at Police Station Shankargarh, District Balrampur -Ramanujganj (CG) for the offence punishable under
Sections 294, 506, 323, 450 and 376(2)(n) {Section 376 of the IPC is mentioned in the charge sheet, as informed by learned counsel for the applicant
during the course of hearing} of the IPC.
The applicant and the prosecutrix became intimate after telephonic conversation in July 2018. The first incident of sexual intercourse happened on
17.7.2018, where-after, it continued till 17.2.2021. As per the statement by the prosecutrix, there was an affair between her and the applicant, who
promised her to perform marriage.
As per learned counsel for the applicant, the applicant and the prosecutrix have married at a temple.
Be that as it may, there is considerable delay in lodging the FIR and there appears to be an affair, during which, the sexual intercourse took place.
Considering all the relevant aspects of the matter including the fact that the applicant is in jail since 20.2.2021 and the charge sheet has already
been filed, this Court is inclined to release the applicant on regular bail.
Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing 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.
Certified copy as per rules.