Shashikant Netam v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MISC. CRIMINAL CASE NO. 3464 OF 2018 Shashikant Netam S/o Shri Ramsingh Netam, aged about 29 years, R/o village Urputi, Police Station, Akladongri, District Dhamtari (CG). ... Applicant

Versus

State of Chhattisgarh, through the Station House Officer, Police Station Akladongri, District Dhamtari (CG).

... Respondent For Applicant :

Shri Anil Gulati, Advocate.

For Respondent-State :

Shri Mazid Ali, Dy.Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 27.06.2018 1.

This is the first bail application seeking for grant of bail to the Applicant who is in jail since 05.04.2018 in connection with Crime No. 05 of 2018 registered at Police Station Akladongri, Distt. Dhamtari, for the offence punishable under Sections 376 and 201 IPC.

2.

As per prosecution case, the applicant on the pretext of marriage is said to have physical relationship with the prosecutrix for a considerable period of time and thereafter is said to have refused to marry her which led to filing of FIR.

3.

Learned Counsel for the applicant submits that a plain reading of the statement of the prosecutrix it would reveal that she was a grown up lady, more than 24 years of age, and that she has never shown any resistance or raised an objection to the physical relationship that the applicant made with the prosecutrix. He further submits that a perusal of record would also show that the two had physical

-2relationship on more than one occasions and therefore it appears to be prima facie a case of consensual relationship between the two. Thus, prayed that the present applicant be released on bail. 4.

The State counsel opposing the application submits that it is a case where the applicant on the pretext of marriage is said to have exploited the prosecutrix and then has refused to marry her and therefore the applicant does not deserve bail. 5.

Without commenting on merits, considering the totality of the facts and circumstances of the case particularly taking note of the statement of the prosecutrix recorded under Section 164 CrPC whereby it prima facie appears to be a consensual relationship between the two. Further, considering the age of the prosecutrix and taking note of the date on which the applicant is said to have for the first time had physical relationship with the prosecutrix and the date of FIR, this Court is of the opinion that the present is a fit case where the Applicant can be enlarged on bail.

6.

Accordingly, the application for grant of bail is allowed. It is directed that the Applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.20,000/- with one surety of the like sum to the satisfaction of the concerned Trial Court for his appearance as and when directed.

Sd/- (P. Sam Koshy) Judge inder