The High Court of Chhattisgarh examined a first bail application rejected based on the prosecution case involving a minor prosecutrix. The court held it was not a fit case for bail.
Application for grant of regular bail under Section 439 Cr.P.C. is rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 2564 of 2021
---- Applicant
Versus
----Non-applicant
For Applicant – Shri Goutam Khetrapal and Shri Vijay Kumar Sahu, Advocates. For Non-applicant/State – Smt. Hamida Siddiqi, Deputy Advocate General.
Hon'ble Shri Justice Rajendra Chandra Singh Samant
Order on Board
05-08-2021
2 . It is submitted on behalf of the applicant, the applicant has been falsely implicated. He is in jail since 27-10-2020. The statement of the prosecutrix under Section 161 and 164 of the Cr.P.C. clearly shows that the relationship of the applicant with the prosecutrix has continued for more than 1½ years before the FIR was lodged on 02-02-2020. Therefore, the relationship of the applicant with the prosecutrix was consensual. The applicant is an employee of SECL. Therefore, it is prayed that the applicant be granted bail.
3 . Learned counsel for the State/non-applicant opposes the application submitting that firstly, the prosecutrix was minor, therefore, her consent or
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willingness is immaterial. Secondly, the applicant had got the submission of the prosecutrix on giving false promise to marry her, whereas he was already married. The FIR has been lodged after the fact of the marriage of the applicant was disclosed to the prosecutrix. Therefore, there is no case present for grant of bail.
4 . Learned counsel for the applicants submits in rebuttal that the prosecutrix had knowledge that the applicant was married, even then she has submitted for physical relation, which shows that she had no objection regarding the marriage of the applicant. Hence, the applicant is entitled for grant of bail.
8 . Considered on the submissions and the facts of the case and also perused certified copy of the deposition of the prosecutrix. The prosecutrix has been examined in the trial and she is not a hostile witness. Therefore, I am of
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this view that this is not a fit case for grant of bail.
of the Cr.P.C. for grant of regular bail is hereby rejected.
10. Certified copy as per rules.
Sd/-
(Rajendra Chandra Singh Samant) Judge
Aadil
2 issues framed by the court
Whether regular bail should be granted to the applicant accused of rape and offences under the Protection of Children from Sexual Offences Act and the Scheduled Castes and Scheduled Tribes (Prevention
Whether the alleged consensual relationship and false implication are sufficient grounds to grant bail in a case involving a minor prosecutrix.
1 provisions across 1 enactments
Ajay Kumar
State Of Chhattisgarh
Rajendra Chandra Singh Samant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
