Vinod Vaishnav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1089 of 2020 • Vinod Vaishnav, S/o Babudas Vaishnav, Aged About 19 Years, Bhanpura Infront of Balaji School Jodhpur, Current Address Jhalamand Manpur, Tahsil Ludi, District- Jodhpur, Police Station- Kudi, Rajasthan.

---- Applicant

Versus

• State of Chhattisgarh Through- Police Station- AJK Korba, DistrictKorba, Chhattisgarh. ---- Respondent For Applicant : Mr. Vikas Pandey, Adv.

For Respondent/State : Ms. Sunita Jain, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 01.06.2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 808/2019 registered at Police Station- AJK Korba, District- Korba, (C.G.) for the offence punishable under Sections 376 (2) of I.P.C. and 3 (2) (V) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989).

2. The prosecution story, in brief is that, it is alleged that on the pretext of marriage, the present applicant committed sexual intercourse with prosecutrix. Thereafter, offence has been registered against the present applicant and he has been taken into custody.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that prosecutrix has not supported the prosecution case and turned hostile. The applicant is in jail since 19.12.2019, there is no likelihood of his case being decided in near future, therefore, the

present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application and the submission made in this respect. It is submitted that the allegation against the applicant is of serious in nature, therefore, no case is made out for grant of bail.

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that prosecutrix has not supported the prosecution case and turned hostile. The applicant is in jail since 19.12.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/-, with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

8. It is made clear that if the applicant has already been released on bail pursuant to the bail bonds already furnished in view of the order passed by the High Power committee constituted in compliance of the order of the Supreme Court of India dated 23.03.2020 in the matter of In Re: Contagion of COVID 19 Virus in Prisons (Suo Moto Writ Petition (c) No. 1/2020), he need not furnish bail bonds afresh and the bail bonds already furnished shall be deemed to be the bail bonds furnished in compliance of the order of this Court, but if he has not furnished the bail bonds earlier, then he will be required to furnish bail bonds within four weeks from today.

9. Certified copy, as per rule.

Sd/- (Rajani Dubey) Judge Ruchi