Order on Board

04/08/2023

1. This is the first bail application filed under Section 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. 153/2023 registered at Police Chowki-Lodam, Police Station - Jashpur, District Jashpur, for the offence punishable under Sections 376 and 376(2)(n) of the IPC.

2. Case of the prosecution, in brief, is that the FIR was lodged by the prosecutrix on 24.12.2022 at about 8 p.m. alleging that the present applicant on the promise of marriage committed sexual intercourse with her from 02.01.2022 to 24.12.2022, but did not marry with her. On the basis of said report, the police has investigated the matter and arrested the applicant.

3. It has been argued by the learned counsel for the applicant that the applicant has not committed any offence and he has been falsely implicated in crime in question. The prosecutrix is a major girl and was a consenting party. There was love-affair between the applicant and the prosecutrix since 2002. FIR was lodged by the prosecutrix with a delay of one year and no plausible explanation was given for delay in lodging the FIR. As the applicant serves in I.T.B.P. Para Military Force at Assam State and due to not granting leave from the higher authority, the applicant did not appear in the marriage himself, therefore, the prosecutrix gets angry and lodged a false report against the applicant. The applicant is in jail since 11.06.2023 and the trial is likely to take some time for its conclusion. Hence, he prays that the applicant be enlarged on bail.

4. On the other hand, learned counsel appearing for the State/non-

applicant would oppose the bail application.

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Taking into consideration the facts & circumstances of the case, nature & gravity of the offence, particularly considering that there was love- affair since 2002 and the FIR has been lodged with a delay of one year and no plausible explanation was given for delay in lodging the FIR, The prosecutrix is a major girl, the applicant is in jail since 11.06.2023 and the trial is likely to take some more time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. Accordingly, the application is allowed.

7. Let Applicant-Raymond Lakda, involved in Crime No.153/2023 registered at Police Chowki-Lodam, Police Station-Jashpur, District Jashpur, for the offence punishable under Sections 376 and 376(2)(n) of the IPC, 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 sufÏcient cause, the trial court may proceed against him 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 Section 174-A of the Indian Penal Code.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or withou