Akhil Suryavanshi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5689 of 2020 ●Akhil Suryavanshi, S/o Late Santosh Suryavanshi, Aged about 29 years, R/o Shivnagar, Near Handipara Lake, Raipur (C.G.) ---- Applicant

Versus

●State of Chhattisgarh, Through - Inspector, PS- Golbazar, District Raipur (C.G.) ---- Respondent For Applicant : Mr. Pranjal Agrawal, Advocate.

For Respondent/State : Mr. Dinesh Tiwari, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 17/09/2020

1. Heard on admission.

2. Admit.

3. 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. 45/2020 registered at Police Station- Golbazar, District Raipur (C.G.) for the offence punishable under Sections 376, 506(B) and 509 (B) of the Indian Penal Code, 1860 and under Sections 67 and 67(A) of the Information Technology Act, 2000.

4. The prosecution story in brief is that, on the basis of pretext of marriage, the present applicant had maintained sexual relationship for a period of 4 to 5 years and also threatened her to make the photos of the complainant go viral, if she does not maintain sexual relationship with him and on the basis of the allegations therein the above mentioned offences were registered against the present applicant.

5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits the promise of marriage must have

been a false promise and he also submits that the prosecutrix is a major lady. He next submits that the applicant is in jail since 06.06.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

6. On the other hand, counsel for the State opposes the bail application and submits that the allegation against the applicant is of serious in nature; therefore, no case is made out for grant of bail.

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

8. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering that the applicant is in jail since 06.06.2020, 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 present applicant on bail. Accordingly, the bail application is allowed.

9. 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.

Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge Vasant