Order on Board

07/11/2023

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. 66/2023 registered at Police Station Darima, District Surguja, for the offence punishable under Sections 384, 306, 511, 509(b) & 201 of the IPC and Sections

66(e) & 67 of the IT Act.

2. Case of the prosecution, in brief, is that a written report was made by the mother of the victim with an averment that the accused from 5.6.2023 to 6.6.2023 had sent private photographs and video of the victim via Whats App to the complainant/mother and threatened to marry the victim and if the marriage is not performed, then demanded Rs.50,000/-. After that, the victim tried to commit suicide by hanging.

She was saved and her treatment was done at KD Hospital, Ambikapur. On the basis of such report, FIR was registered against the applicant for the aforesaid offences.

3. Learned counsel for the applicant would submit that the applicant has not committed any offence and he has falsely been implicated in offence in question. He would further submit that as the applicant and the victim used to work at Hotel Green Chilli, Raipur and had a love affair between them and as the family members of the victim were against the relationship and family of the victim had fixed the marriage of the victim at Lailinga on 7.6.2023 and as the victim was against her forceful marriage, she had tried to commit suicide. The applicant is in jail since 26.06.2023, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant.

4. On the other hand, learned Deputy Government Advocate appearing for the respondent/State opposes the bail application and submits that the applicant had sent private photographs and video of the victim to her mother.

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 offence, period of detention of the applicant since 26.06.2023, charge-sheet has been filed and the trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case.

7. Let the Applicant-Nadeem Sunani, involved in Crime No. 66/2023 registered at Police Station Darima, District Surguja, for the offences punishable under Sections 384, 306, 511, 509(b) & 201 of the IPC and Sections 66(e) & 67 of the IT Act , 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 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 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