PARMESHWAR LAL SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard. This is the First Bail Application filed under Sec. 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 19/2/2021 in connection with Crime No.233/2021 registered at Police Station- Civil Line, Bilaspur District Bilaspur C.G. for the offence punishable under Sec. 376 of I.P.C.

(2.) As per the prosecution case, the applicant in the pretext of the marriage committed sexual intercourse with the prosecutrix and thereafter prosecutrix became pregnant and she was forcefully aborted thereafter when the applicant refused to marry her, the offence was registered and the FIR was lodged.

(3.) Learned counsel for the applicant submits that in respect of the abortion or pregnancy the charge sheet is silent and there is no medical evidence. He further submits that in respect of pregnancy the prosecutrix is 25 years old and she was consenting party Therefore, no forceful rape has been committed, therefore, the applicant may be released on bail.