Advocates:
['Tarendra Kumar Jha', '', 'Bhaskar Jha', 'Ganesh RAm Burman', 'Narayan Prasad Thakur', 'DINESH KUMAR MISHRA', 'PALAK JINDAL', 'A G']

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

M.Cr.C. No. 7746 of 2021

Jitendra Patel S/o Kanhaiya Patel Aged About 28 Years R/o Village Kashidih,

Tehsil Dabhra, District Janjgir - Champa (Chhattisgarh) ---- Applicant

Versus

State Of Chhattisgarh Through - Station House Officer, Police Chowki Rampur,

Police

Station

Kotwali,

District

Korba,

Chhattisgarh

---- Non-Applicant

For Applicant:

Shri TK Jha, Advocate.

For Non-Applicant/State :

Shri DC Verma, Government Advocate.

Hon'ble Shri Justice

Deepak Kumar Tiwari

Order on Board

25.10.2021

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.877/2021 registered at Police

Station – Police Chowki Rampur, P.S Kotwali, District – Korba,

Chhattisgarh for the offence punishable under Section 376 IPC.

2.

Prosecution case in brief is that the present Applicant was the

landlord of the house where the prosecutrix was a tenant and the Applicant

developed physical relationship with her since 2019 and later on, when he

refused to marry her, offence under Section 376 IPC was registered.

3.

Learned Counsel for the Applicant submits that the Applicant has no

connection with the crime in question at all and has been falsely implicated

in the same for which, he is in jail since 09.09.2021. He further submits

that inordinate delay of 2 years 8 months has occurred in the lodging of the

FIR, the prosecutrix is a married lady and as such no offence under

Section 376 IPC is made out as per the allegations of the prosecutrix and

therefore, the present Applicant may be released on bail.

4.

Per contra, learned Counsel for the State vehemently opposed the

bail application by submitting that the Applicant continued to cheat the

prosecutrix for a quite long time under the pretext of marriage.

5.

Considering the facts and circumstances of the case, the nature of

allegation, the fact that the prosecutrix is grown up lady, who was under the

physical relationship with the Applicant for such a long period i.e. since

2019, delay in the FIR, which was lodged after 2 years 8 months and the

trial of the case is likely to take sometime for its conclusion, therefore, I am

inclined to grant regular bail to the Applicant.

6.

Accordingly, the bail application filed under Section 439 of the

Cr.P.C. is allowed.

7.

It is directed that the Applicant shall be released on bail on his

furnishing a personal bond in the sum of Rs.10,000/- with one surety in the

like sum to the satisfaction of the concerned trial Court for his appearance

before the said Court as and when directed. In case any default is

committed by the Applicant in appearing before the concerned trial Court,

this order granting bail shall stand cancelled automatically.

Sd/-

(Deepak Kumar Tiwari)

Judge

Priya