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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Order Sheet

Proceedings through Video Conferencing

MCRC No. 2266 of 2021

•

Ravi Shankar Bhagat S/o Late Maniya Ram Bhagat Aged About

26 Years Caste- Uraon, R/o Kharsota, Chowki- Manora, Police

Station- Jashpur, Tahsil And District- Jashpur, Chhattisgarh.

---- Applicant

Versus

•

State Of Chhattisgarh Through- Station House Officer, Police

Station- Jashpur, District- Jashpur (Wrongly Mentioned As

Police Station, Manora), Chhattisgarh

---- Non-applicant

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For Applicant

: Shri Sanjeev Sahu, Adv.

For respondent/State

: Shri Anand Sharma, Dy. Govt. Adv.

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Hon'ble Shri Justice

N.K. Chandravanshi

Order On Board

31-5-2021

1.

This is first bail application filed under Section 439 of the

Cr.P.C. for grant of regular bail to the applicant, who has been

arrested on 15-1-2021 in connection with Crime No. 15/2021

registered at Police Station Jashpur Distt. Jashpur (C.G.), for the

offence punishable under Sections 376, 509 (B) of the Indian Penal

Code and Section 67, 67(A) of the Information Technology Act.

2.

Case of the prosecution, in brief, is that, before marriage of

the prosecutrix, the prosecutrix had love affairs with the applicant.

After marriage the prosecutrix stopped talking to him. In the month

of July 2020 when husband of the prosecutrix had gone out for

work, applicant telephoned her and called her near school. When

she went near school on fear, the applicant forcibly undressed her

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and made physical relation with her and made a video. He used to

threat her that he will make the video viral. On 1-12-2020 the

applicant sent the video through Whatsap to one Basant to make it

viral. Basant sent the same to husband of the prosecutrix through

Whatsap. Thereafter offence under Section 15/2021 under Section

376, 509(B) of the IPC and Sections 67 and 67(A) of the IT Act has

been registered against the applicant.

3.

Learned counsel for the applicant submits that the applicant

has been falsely implicated by the complainant due to previous

enmity. The prosecutrix is a 30 years old lady and she is a

consenting party. He further submits that the applicant is in jail since

15-1-2021, charge sheet has already been filed, he will not abscond

if bail is granted to him, therefore, present applicant may also be

enlarged on bail.

4.

On the contrary, learned State counsel opposes the

application for grant of bail.

5.

Looking to the facts and circumstances of the case, nature

and gravity of offence, period of detention and also considering the

fact that the trial will take some more time for its conclusion, as per

submission of the counsel for the applicant that he will not abscond,

charge sheet has already been filed, without further commenting on

merits of the case, I am inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of the

Cr.P.C. is allowed and it is directed that the applicant shall be

released on bail on his furnishing a personal bond in sum of Rs.

50,000/- with one local surety in the like amount to the satisfaction

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of the concerned trial Court. He shall appear before the trial court

regularly on each and every date as per direction of the court,

unless exempted from appearance.

7.

In view of above order, I.A. No. 1/2021 for urgent hearing, I.A.

No. 2/2021 for listing the case during summer vacation stand

disposed of.

Certified copy as per rules.

Sd/-

(NK Chandravanshi)

VACATION JUDGE

Pathak/-