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High Court Of ChhattisgarhMCRC/6609/2019allowed

Ravi Kannauje v. State Of Chhattisgarh

2019-12-03Hon'Ble Smt. Justice Rajani Dubey2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6609 of 2019 Ravi Kannauje S/o Kansu Kannauje Aged About 33 Years R/o Village Puraina, Police Station And Tahsil Chhuikhadan, District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Amabagarh Chowki, District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh ------ Respondent -------------------------------------------------------------------------------------------- For Applicant : Shri Aditya Bhardwaj, Advocate For Respondent/State : Shri B.L. Sahu, Panel Lawyer -------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 03.12.2019 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.122/2019, registered at Police Station Ambagarh Chowki, District Rajnandgaon(CG) for the offence punishable under Sections 376, 509B of the IPC.

3.

As per the case of prosecution, the prosecutrix has lodged a report that on 15.4.2018, when she was alone in the house, the applicant came and shooted her obscene video and blackmailed her and commit sexual intercourse with her. 4.

Learned counsel for the applicant submits that the applicant has not committed any offence. The prosecutrix is a major lady and she was a consenting party and there is delay in

lodging the FIR. He further submits that the applicant is in jail since 23.6.2019 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 and the prosecutrix is major, 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