Order on Board

18.01.2024

1. The applicant has preferred this Second Bail Application under Section 439 of Code of Criminal Procedure, 1973 in connection with Crime No.289/2023, registered at Police Station Kotwali(Ambikapur), District – Surguja, Chhattisgarh for the offence punishable under Sections 509(B), 384, 376(2)(N) of the Indian Penal Code (for short, the IPC), Sections 67 and 67(A) of the I.T. Act, Sections 25, 27 of the Arms Act and 3(2) (XII) of S.C. / S.T.

(Prevention of Atrocities) Act, 1989.

2. The case of the prosecution is that, the father of the victim lodged an FIR against the present applicant that her elder daughter i.e. victim is posed in the office of District Education Officer at Balrampur and her divorce case is going on in the Family Court, Balrampur and was in relation with the present applicant and in the meanwhile the present applicant took some private pictures of his daughter and used to blackmail her by sending the nude pics on 31.03.2023 and demanding of Rs. 15 lakh also threatened her that he will viral those pics on social media. Thereafter, the present applicant by threatening her committed sexual intercourse with the victim and made video and send the video to the father of the victim, thereafter, the FIR has been lodged.

3. Notice has been served upon the complainant of the case but none has appeared to contest the case.

4. Learned Senior Advocate for the applicant submits that the victim is married lady having two children and there was a divorce proceeding going on between the victim and her husband, in the meanwhile, the victim came into the contact of the present applicant and established physical relationship but the same could not be materialized, hence, the present FIR. She further submits that the allegations levelled against the applicant has not been proved and the victim is a consenting party. The applicant is in jail since 19.05.2023 and trial is in progress, therefore, the present bail application is liable to be allowed.

5. On the other hand, learned counsel for the State opposes the bail application.

6. I have heard learned counsel for the parties and perused the materials available on record.

7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the victim is a married lady and she is the consenting party and the applicant is in jail since 19.05.2023, conclusion of the trial is likely to take some time, I am inclined to allow this application.

8. Let applicant, Rishi involved in Crime No.289/2023, registered at Police Station – Kotwali (Ambikapur) District- Surguja, C.G. for the offence punishable under Sections 509(B), 384, 376(2)(N) of the Indian Penal Code (for short, the IPC), Sections 67 and 67(A) of the I.T. Act, Sections 25, 27 of the Arms Act and 3(2) (XII) of S.C. / S.T. (Prevention of Atrocities) Act, 1989 be released on bail on his furnishing a personal bond with two local sureties in the like sum to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Se