Tirath Rathore v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3963 of 2016 • Tirath Rathore S/O Late Sukhnandi Rathore Aged About 24 Years R/O Rajnagar C Sector, Qtr. No. M / 203, Thana Bijuri, Distt. Anuppur M.P.

---- Applicant

Versus

• The State Of Chhattisgarh Through Police Station Jhagrakhand Distt. Koriya Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------------- For Applicant :

Ms. Sharmila Singhai, , Advocate For Respondent/State :

Mr.Arvind Shukla, Panel Lawyer -------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 22.07.2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 20-5-2016 in connection with Crime No. 72 of 2016, registered at Police Station Jhagrakhand District Koriya (CG) for the offence punishable under Sections 376 (2)(n) and 493 of the IPC and Section 3 (2-5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2.

As per prosecution case, a report was made by the prosecutrix that on the pretext of marriage she was subjected to sexual intercourse by the applicant and after 28-4-2014 some agreement was executed between the applicant and prosecutrix and thereafter she was living with applicant as his wife, however, the marriage was not performed.

3.

Learned counsel appearing for the applicant would submit that the applicant and prosecutrix were married to each other and due to

some family dispute such a report has been made, therefore, no offence has been committed. The counsel further submits that the applicant has been falsely implicated in the case, charge-sheet has been filed in this case, he is in jail since 20-5-2016 and no further investigation is required, therefore, he may be released on bail.

4. On the other hand, learned State counsel opposes the prayer for grant of bail.

5.

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

6.

Perused the statement of the prosecutrix in which she appears to be a major girl.

7.

Taking into consideration the facts of the case, nature of allegation leveled against the applicant and considering the statement of the prosecutrix and without any observation on the merits of the case, I am inclined to release the applicant on bail. 8.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall 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 as and when directed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Raju