Yash Tiwari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No. 1922 of 2018 Yash Tiwari S/o Shri Sitaram Tiwari, aged about 23 years, R/o Yadunandan Nagar, Tifra, Police Station Sirgittiee, District Bilaspur (CG) ---- Applicant

Versus

State of Chhattisgarh through Station In-charge of Police Station - City Kotwali, District Bilaspur (CG) ---- Respondent For Applicant :

Shri Akhilesh Kumar, Advocate For Respondent/State :

Shri Ashutosh Pandey, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 25/04/201 This is the first bail application filed u/s 439 of Cr.P.C. for grant of bail to the applicant who is in jail since 04.01.2018 in connection with Crime No. 08/2018 registered at Police Station- Station City Kotwali, District Bilaspur (CG) for the offence punishable under Sections 450, 376, 120B & 506 of IPC.

2.

The allegation against the present applicant as per the prosecution is that on the pretext of marriage, the applicant is said to have forcefully entered the house of the prosecutrix and ravished her. 3.

Counsel for the applicant submits that it is a case where the prosecutrix is aged around 35 years and the applicant is aged around 23 years. Thus, there is a difference of 12 years between the applicant and the prosecutrix. He further submits that a bare perusal of the 164 CrPC statement of the prosecutrix would reveal that the prosecutrix was a consenting party to the entire episode. Thus, prayed for the applicant to be

released on bail.

4.

State counsel, however, opposing the bail application submits that the nature of offence and the manner in which it has been committed shows the gravity of the offence and therefore, the applicant does not deserve to be released on bail.

5.

Considering the facts and circumstances of the case, particularly the age gap between the prosecutrix and the applicant and also the statement of the prosecutrix recorded under Section 164 CrPC, this Court is of the opinion that prima facie, a strong case for grant of bail has been made out. 6.

Accordingly, the application for grant of bail is allowed. It is directed that the present Applicant will be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- 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.

Sd/- (P. Sam Koshy) JUDGE Bhola