Ramkumar Pradhan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8236 of 2020 • Ramkumar Pradhan S/o Jaitram Aged About 22 Years R/o Podikhurd, Chowki Korbi, District - Korba, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer Police Station Passan, District - Korba, Chhattisgarh ---- Respondent For Applicant :

Shri S.R.J.Jaiswal, Advocate For State :

Shri Shubham Verma, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 04/03/2021 Heard.

1.

The applicant has been arrested in connection with Crime No.107/2020 registered at Police Station - Passan, District - Korba (C.G.) for alleged commission of offences under Section 376 (2) (<), 328, 506, 509 (B) of IPC and Section 67 of IT Act. 2.

Prosecution case is that the applicant had started talking to the prosecutrix since two years before lodging of the report and on the pretext of developing friendship and relationship, the prosecutrix was taken to different places. She was administered drugs and then she was subjected to sexual intercourse and video was prepared and thereafter, the applicant started blackmailing the prosecutrix and in this manner, committed sexual intercourse on the threat that if any report is lodged, video prepared would be made viral.

3.

Learned counsel for the applicant would argue that the applicant and the prosecutrix were having long standing affair and live-in-relationship for two years and only because of certain disputes, a false report was lodged after such a long time. It is further submitted that as the investigation is complete and charge sheet has been filed,

the applicant may be granted bail.

4.

On the other hand, learned State counsel opposes bail and submits that the prosecutrix's version that the applicant had prepared certain video and photographs of the prosecutrix which were obscene in nature and on that basis, the prosecutrix was blackmailed for a long time on the threat that if the prosecutrix object or raises voice, photographs / videos would be sent to others. This is clear from the seizure of obscene photographs where the face of the prosecutrix contained in the mobile set seized from the possession of the applicant.

5.

Taking into consideration the submission of learned counsel for the parties, particularly taking into consideration the allegations that the applicant had prepared some obscene video / photographs of the prosecutrix and on that basis, she was sexually exploited for a long period until the report was lodged and that according to the prosecution, there is seizure of mobile containing obscene photographs which is also said to be sent on whatsapp to other persons and that the photographs shows the face of the prosecutrix, I am not inclined to grant bail to the applicant. The application is accordingly rejected.

Sd/- ( Manindra Mohan Shrivastava ) Judge Deepti