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High Court Of ChhattisgarhMCRC/6689/2015dismissed

Tejram Bissi v. State Of Chhattisgarh

2015-12-07Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BIL Order Sheet MCRC No. 6689 of 2015 • Tejram Bissi S/o Late Rajkumar Bissi Aged About 38 Years R/o Singhoda Chowki, Baloda, Police Station Saraipali, Civil & Revenue District Mahasamund Chhattisgarh --- Petitioner

Versus

• State of Chhattisgarh through Chowki Baloda Police Station Saraipali, District Mahasamund Chhattisgarh --- Respondent No 07.12.2015 Mr. Manoj Paranjpe, counsel for the applicant. Mr. Vivek Singhal, Panel Lawyer, for the State. This is an application filed u/s 439 Cr.P.C., seeking grant of regular bail to the applicant in connection with Crime No.385/2015 registered Police Chowki Baloda, P.S. Saraipali, District Mahasamund (C.G) for the offences punishable u/ss 376 & 506 IPC.

As per the prosecution case, initially the applicant was in relation with the prosecutrix before her marriage and presently the prosecutrix who is a Government servant is residing separately from her husband who is also a government servant. It is alleged that at one point of time, the applicant has secretly recorded a video shooting while the prosecutrix was taking bath, subsequently after few days, she was threatened that the video will be uploaded in the internet and on such pretext and by extending threat that the video will be made open, the applicant always used to commit forcible sexual intercourse with the prosecutrix.

Learned counsel for the applicant submits that the entire allegations are based on recording of the video but the prosecution has failed to seize the said video which is the main instrument of evidence as the applicant allegedly

used to commit forcible sexual intercourse with the prosecutrix by threatening/ blackmailing that the said video will be made open or it will be uploaded in internet. Consequently it is a case of consent.

Considering the statement of prosecutrix u/s 164 of Cr.P.C., wherein the victim has stated that the applicant used to commit forcible sexual intercourse, I am not inclined to release the applicant on bail.

Accordingly, the application is dismissed.

Sd/- GOUTAM BHADURI JUDGE R a o