Jaishankar Chauhan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.1598 of 2020 Jaishankar Chauhan S/o late Bhuneshwar Prasad Chauhan, aged about 21 years, R/o. Village-Bajarmuda, P.S. Tamnar, Distt. Raigarh, Civil and Revenue Distt.Raigarh (CG) ---Applicant

Versus

State of Chhattisgarh Through Police Station-Tamnar, Distt. Raigarh (CG) ---Non-Applicant For Applicant :

Mr.M.K.Sinha, Advocate For Non-applicant :

Mr.Alok Bakshi, Addl. Advocate General Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 15/05/2020 1.

The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for release him on regular bail during trial in connection with Crime No.35/2020, registered at Police StationTamnar, Distt.Raigarh (CG), for the offence punishable under Section 376 of the IPC.

2.

Case of the prosecution, in brief, is that the applicant is said to have abducted major prosecutrix and committed sexual intercourse with her and thereby committed 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 crime in question. He would further submit that it is the case of consent, they have love-affair and were residing as husband and wife. The applicant has been arrested on 25.1.2020.

4.

On the other hand, learned counsel for the State 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 offence, pre-trial detention of the applicant and nature of allegation, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

9.

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 23.3.2020 in the matter of In Re : Contagion of COVID 19 Virus in Prisons (Suo Motu 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 bail bonds earlier, then he will be required to furnish bail bonds.

Sd/- (Sanjay K. Agrawal) JUDGE B/-