VINOD KUMAR Vs. STATE OF CHHATTISGHARH

JUDGEMENT

(1.) The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 87/2012 registered in Police Station: Chhal, District Raigarh for offence punishable under Sections 376 and 493 of the IPC. The prosecutrix lodged a written complaint against the applicant, a police constable, alleging that she was sexually exploited by the applicant and when she carried pregnancy, he got her aborted on promise to marry, and later on, when she threatened to lodge report, the applicant threatened her that he would kill her and her family members. In her statement under Section 161 Cr.P.C., she stated that the applicant continued sexual exploitation on promise to marry.

(2.) Learned counsel for the applicant would submit that the prosecutrix aged about 30 years, being employed as Shiksha Karmi, was a consenting party and the FIR having been delayed, the applicant is entitled to be released on bail.

(3.) On the other hand, learned State counsel would oppose the prayer for grant of bail on submission that the applicant has sexually exploited the prosecutrix on promise to marry, therefore, he is not entitled to be released on bail.