OMPRAKASH SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is 2nd bail application filed under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the Applicant, who has been arrested in connection with Crime No.24/2022 registered at P.S Telibandha, District Raipur (CG) for the offence punishable under Sec. 376 (2)(n) and 313 IPC. The earlier application has been dismissed as withdrawn vide order dtd. 29/6/2022 passed in M.Cr.C No.3840/2022.

(2.) Case of the prosecution is that the present Applicant and the prosecutrix got to know each other through face book. It is alleged that the present Applicant in spite of being married, developed sexual relationship with the prosecutrix against her will and also got her pregnancy aborted when she got conceived, therefore, the aforesaid offence has been registered against him.

(3.) Learned counsel for the Applicant submits that the Applicant has been falsely implicated in the crime in question for which, he was arrested on 5/3/2022. He further submits that the present Applicant and the prosecutrix were having love affair since a long period, the trial is likely to take quite some time, therefore the Applicant may be released on bail.