Allowed

Rajkumar Korwa v. State of Chhattisgarh

Chhattisgarh HC9 Mar 2022MCRC/1581/2022

Case brief

AI extract

What is this about?

High Court of Chhattisgarh allowed second bail application under Section 439 CrPC for an applicant in custody since April 2021. The court ordered release on regular bail pending trial due to lack of meritorious connection between allegations and prosecution witness statement.

What did the court decide?

Regular bail granted on furnishing a bail bond of Rs. 25,000/- with one surety.

Rajkumar Korwa Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1581 of 2022

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Rajkumar Korwa S/o Jagpat Korwa, Aged About 30 Years, R/o Village Sigsiga Khurd Police Station-Chiniya, District- Garhwa, Jharkhand.

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---- Applicant

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Versus

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State of Chhattisgarh Through Police Station- Shankargarh, District- BalrampurRamanujganj, Chhattisgarh.

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--- Respondent

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For Applicant : Mr. Rohitashava Singh, Advocate. For State : Mr. SS Thakur, PL.

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Hon'ble Shri Justice Parth Prateem Sahu Order on Board

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09/03/2022

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This is Second bail application of applicant filed under Section 439 of Code of Criminal Procedure for grant of regular bail. First application was dismissed on merits vide order dated 29.10.2021 in MCRC No. 5949 of 2021.

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Applicant is in jail since 03.04.2021 in connection with Crime No.55/2021, registered at Police Station -Shankargarh, District- Balrampur-Ramanujganj, (C.G.), for commission of offence punishable under Sections 376 (2)(n) of IPC.

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Case of prosecution is that applicant and prosecutrix came in contact through Mobile and thereafter applicant started visiting house of prosecutrix. In the year 2020, on the pretext of marriage applicant established physical relationship with prosecutrix. Thereafter, physical relationship was made by applicant on several occasions. On 20.03.21, mother of prosecutrix died and thereafter, applicant came to house of prosecutrix and started living there. During his stay in house of prosecutrix, applicant continuously made physical relation wit her. On 03.04.21, when prosecutrix asked applicant to marry her, he refused stating that he has already married and having children. This made the prosecutrix to lodge report to the concerned police Station. Based upon which, aforementioned crime is registered against applicant.

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Learned counsel for applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. After rejection of first bail application, prosecutrix was examined before

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trial Court on 06.01.2022 (wrongly mentioned as 06.01.2021), she has not supported case of prosecution. Copy of deposition sheet is placed on record as Annexure A/3. There are as many as 17 enlisted witnesses, conclusion of trial may take some time. Applicant is in jail since 03.04.2021, hence, he may be released on regular bail.

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Learned State Counsel opposes submission of learned counsel for applicant and submits that serious allegations have been levelled against applicant in statements of prosecutrix recorded under Sections 161 & 164 of Cr.PC. Hence, he is not entitle for grant of regular. However, he submits that he could not dispute submission of counsel for applicant that prosecutrix was examined before trial Court. Evidence of prosecutrix is to be appreciated by trial Court.

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Heard learned counsel for the parties.

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Considering entire facts and circumstances of case, nature of allegations, submission of counsel for applicant that prosecutrix in her Court statement had not supported case of prosecution, period of detention of applicant since 03.04.2021, without commenting anything on merits of the case, I am inclined to allow this application.

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Accordingly, bail application is allowed. It is directed that applicant shall be released on regular bail, on his furnishing a bail bond in sum of Rs.25,000/- with one surety in like sum to the satisfaction of Court on the conditions that-

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a) Applicant shall appear before Trial Court regularly on each and every date, unless exempted from appearance.

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b) Applicant shall not, in any manner, tamper with the prosecution witnesses.

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c) If applicant is found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail. Certified copy as per rules.

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(Parth Prateem Sahu)

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Sd/-

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Judge

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Jamal/-

Rajkumar Korwa v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Rajkumar Korwa v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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