Praveen Kujur v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6443 of 2019 • Praveen Kujur S/o Rajendra Kujur, Aged About 21 Years Caste - Uraon, R/o Abira, Police Station - Tapkara, District - Jashpur Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station - Patthalgaon, District - Jashpur Chhattisgarh. ---- Respondent -------------------------------------------------------------------------------------------- For Applicant : Shri Manoj Chauhan, Advocate For Respondent/State : Ms. Akshara Amit, Panel Lawyer -------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 28.11.2019 1.

Heard.

2.

This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.11/2019, registered at Police Station Patthalgaon, District Jashpur(CG) for the offence punishable under Sections 376, 509-B, 354(C), 384 of the IPC and Sections 67 & 67(A) of the Information Technology Act.

3. As per the case of prosecution, on 28.12.2018 on the pretext of marriage, the applicant committed sexual intercourse with the prosecutrix and take her obscene photos and withdraw Rs.48,000/- from her account and thereafter blackmailed her. 4.

Learned counsel for the applicant submits that the applicant has not committed any offence. The prosecutrix is a major lady, aged about 25 years and she was a consenting party. He

further submits that the applicant is in jail since 01.6.2019 and trial may take some time for its final disposal therefore, the applicant may be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application.

6.

Perused the entire material available on record. 7.

Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant; the prosecutrix is aged about 25 years and the applicant is in jail since 01.6.2019, I am of the opinion that present is a fit case to release the applicant on bail.

8.

Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.

9.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

10.

Certified copy as per rules.

Sd/ (Rajani Dubey) JUDGE sunita