Pannalal Sirmor v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8145 of 2021 • Pannalal Sirmor, S/o Late Motilal Sirmor, aged about 26 Years, R/o Village Mandala, Police Station and Tehsil Khairagarh, District Rajnandgaon, Chhattisgarh.

----Applicant

Versus

• State of Chhattisgarh, Through the District Magistrate, District Rajnandgaon, Chhattisgarh.

----Non-applicant For Applicant Shri S.S. Baghel, Advocate.

For State Shri Rahim Ubwani, Panel Lawyer.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 23/11/2021

1. First bail application preferred by the applicant was dismissed as withdrawn vide order dated 18.08.2021 passed in MCRC No. 5104 of 2021.

2. The applicant has preferred this second bail application under Section 439 of Cr.P.C. as he has been arrested in connection with Crime No.221/2021 registered at Police Station Khairagarh, District Rajnandgaon, C.G. for the offence punishable under Sections 376, 376(2)(n) of Indian Penal Code.

3. Case of the prosecution, in brief, is that prosecutrix lodged a complaint against the applicant alleging in it that on the pretext of marriage, applicant established physical relations with her repeatedly and when she told the applicant to marry, he left her. On report being lodged to

the above effect, the aforesaid offence have been registered against the applicant.

4. Learned counsel for the applicant submits that applicant is an innocent person and has been falsely implicated in this case. He also submits that there was love affair between the applicant and the prosecutrix and that she was a consenting party. In these circumstances, prima facie, no offence can be made out against the applicant. He is in custody since 05.07.2021, charge sheet has already been filed and conclusion of the trial is likely to take some time. Therefore, he may be released on bail.

5. On the other hand, learned counsel for the State opposes the bail application. However, he submits that the applicant has no criminal antecedent.

6. Heard learned counsel for the parties.

7. Considering the facts and circumstances of the case, the nature of allegation against the applicant, the deposition of the prosecutrix recorded before the trial Court, charge sheet has already been filed, the detention period of the applicant, who is 26 years old, the applicant has no criminal antecedent and there is no likelihood of the applicant tampering with the evidence or absconding as admitted by both the counsel and conclusion of trial may take some time, without commenting anything on merits of the case, this Court is of the opinion that present is a fit case to release the applicant on bail. Accordingly, the bail application is allowed. It is directed that in the event of applicant executing a personal bond for a sum of Rs.2,00,000/- with

two sureties of Rs.1,00,000/- each to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:- (i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (iv) he shall strictly follow the COVID-19 protocol issued by the Central Government / State Government / Local Authority. Let a copy of this order be forwarded to the concerned police station forthwith who shall inform the trial Court in the event of applicant involving himself in similar offence in future. Sd/- Gautam Chourdiya Judge Akhilesh