Pavitra Mohan Pradhan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5028 of 2018 • Pavitra Mohan Pradhan S/o Subal Pradhan Aged About 42 Years Caste Khadyat, Thakuranisahipuri, Orissa, Present Address Village Borda, Police Station Sakti District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Sakti District Janjgir Champa Chhattisgarh, District : JanjgirChampa, Chhattisgarh ---- Respondent _____________________________________________________________ For Applicant :

Mr. Dharmesh Srivastava, Advocate For Respondent :

Mr. Anant Bajpai, P.L.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 07/08/2018 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 in connection with Crime No. 319/2018, registered at Police Station- Sakti, District - Janjgir-Champa(C.G.) for the offence punishable under Section 376 of the Indian Penal Code. 2.

It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in this case. Applicant is in jail since 4.6.2018, no case is made out against him. The prosecutrix is major lady. Applicant and prosecutrix had living in relation from 9.10.2017 to

8.6.2018. False FIR has been lodged by the prosecutrix against the applicant, hence, it is prayed that he may be released on regular bail. 3.

Learned State counsel opposes the application on this ground that numerous criminal cases registered against this applicant. 4.

I have heard the learned counsel for the parties and perused the case diary and the documents placed on record.

5.

As per the case against this applicant is this, that on pretext of marrying the prosecutrix he established physical relation with her and lived with her from 9.10.2017 to 8.6.2018, thereafter, without informing left the prosecutrix which shows that he had no intention to marry her because of which the FIR has been lodged.

6.

After considered on all the material present in the case diary, I am of this view that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on furnishing a personal bond for a 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.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha