Surajlal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.9658 of 2021 • Surajlal, S/o Mohan, Aged About 50 Years, R/o Village - Harigawa, P.S. Raghunathnagar, Tahsil- Wadarafnagar. District BalrampurRamanujganj (C.G.) ---- Applicant

Versus

• State of Chhattisgarh Through Police Station- Raghunathnagar, District- Balrampur- Ramanujganj (C.G.) ---- Respondent For Applicant Mr. A. K. Yadav, Advocate For Respondent Ms. Reena Singh, PL Hon'ble Justice Shri Deepak Kumar Tiwari Order On Board 20/12/2021 1.

The applicant has preferred this first bail application under Section 439 of CrPC for grant of regular bail, as he has been arrested in connection with Crime No.146/2021, registered at Police Station Raghunathnagar, District BalrampurRamanujganj for the offence punishable under Section 376 of IPC.

2.

The case of the prosecution in brief is that when the prosecutrix went for nature call during 6:30 pm on 03.09.2021, the applicant committed rape with the prosecutrix against her will. Thereafter, the prosecutrix lodged FIR against the applicant and the applicant was arrested on 21.09.2021.

3.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the prosecutrix is a consenting party. Suddenly her husband saw the incident, so the report has been registered against the applicant but he has not committed any offence. The applicant is in jail since 21.09.2021, therefore, he may be released on bail. 4.

Per contra, learned State counsel opposes the bail application. 5.

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

6.

Considering the facts and circumstances of the case, nature of accusation and on perusal of the case diary, it appears that the applicant tried to commit suicide by hanging after the incident, so looking to the subsequent conduct of the applicant, this Court does not find fit to enlarge the applicant on bail at this stage.

7.

Accordingly, the bail application is dismissed. However, the liberty is reserved in favour of the applicant to revive the application after examination of the prosecutrix. Sd/- Deepak Kumar Tiwari Judge Nirala