X (R/O ) vs State Of Chhattisgarh
2021 Latest Caselaw 3784 Chatt

                     HIGH COURT OF CHHATTISGARH, BILASPUR
                                        Order Sheet
                                    CRA No. 420 of 2021
       X (R/o ) R/o P.S. Bhanpuri Distt. Bastar C.G.
                                                                         ---- Appellant
                                           Versus
       State of Chhattisgarh, Through- Aarakshi Kendra Bhanpuri, District- Bastar,
        Chhattisgarh.                                                   ---- Respondent

17.12.2021 Shri Vikash A Shrivastava, counsel for the appellant.

Smt. Binu Sharma, P. L. for the State.

Heard on I.A. No. 02/2021, application for grant of interim/temporary bail.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 12.03.2021 passed in Sessions Case No. 07/2020 by the Additional Sessions Judge, Fast Track Court, Bastar place Jagdalpur (C.G.) as under:-

             Convictions                             Sentences
             Under Section 376 (2)(n) of IPC         R.I. for 10 years with fine of Rs.
                                                     1,000/- and default in payment of
                                                     fine amount additional R.I. for 1
                                                     month.
             Under Section 506 Part- II of IPC       R.I. for 5 years with fine of Rs.
                                                     1,000/- and in default of payment of
                                                     fine amount additional R.I. for 1
                                                     month.

Learned counsel for the appellant submits that now the appellant and the prosecutrix are ready to perform marriage with each other and their family members have no objection. The application (I.A. No.02/2021) is duly supported with the affidavits of the Victim, her aunt namely Firanti Dhruw and sister of the appellant namely Kusum, therefore, he be released on he be released on temporary bail bail.

Learned State counsel has no objection to the above prayer.

For the reasons mentioned in the application (I.A. No. 2 of 2021) which is duly supported by an affidavits of the Victim, her aunt namely Firanti Dhruw and sister of the appellant namely Kusum, without commenting anything on merits of the case, the application (I.A. No. 2 of 2021) is allowed.

It is directed that the appellant shall be released on temporary bail from 17.12.2021 to 17.01.2022 on his furnishing a personal bond for a sum of Rs. 1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court.

The appellant shall surrender before the concerned trial Court positively on 17.01.2022. After surrender of the appellant, the trial Court shall inform about the same to this Registry.

List the case for final hearing on 20.01.2022.

Sd/-

(Gautam Chourdiya) Judge

Nadim