Sukhlal Kol v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2133 of 2021 • Sukhlal Kol, S/o Naguram Kol, Aged About 65 Years R/o Kolan Mohalla Amjhar, Police Station Pasaan, District Korba Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through: Station House Officer, Police Station Pasaan, District Korba Chhattisgarh.

---- Respondent For Applicant : Mr. Vijay Kumar Sahu, Adv.

For Respondent/State : Mr. Gagan Tiwari, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 02.06.2021

1. The matter is heard through video conferencing.

2. 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. 05/2021 registered at Police Station- Pasaan, District Korba (C.G.) for the offence punishable under Sections 376, 376 (2) (n) of IPC.

3. The prosecution story, in brief is that, it has been alleged that on the false pretext of marriage, present applicant has been committed sexual intercourse with the prosecutrix since four years and later on, he denied to marry with her. Thereafter, offence has been registered against the present applicant.

4. 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 is a major lady and she is a consenting party. He next added that the applicant is in jail since 03.01.2021 there is no likelihood of his case being decided in near future, therefore, the present applicant may be

released on bail.

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

6. I have heard learned counsel for the parties and perused the record.

7. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that prosecutrix is a major lady and the applicant is in jail since 03.01.2021, 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.

8. 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.

Sd/- (Rajani Dubey) Vacation Judge Ruchi