Allowed

Rohit Kumar Patel v. State of Chhattisgarh

Chhattisgarh HC8 Apr 2024MCRC/1284/2024

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a bail application under Section 439 CrPC filed by an applicant accused of an offence under Section 376(2)(n) IPC. The court was inclined to release the applicant on regular bail based on the victim's age and lack of apprehension of evidence tampering.

What did the court decide?

Release of the applicant on regular bail upon furnishing a bail bond of Rs.25,000 with one local surety.

Rohit Kumar Patel Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1284 of 2024

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1- Rohit Kumar Patel S/o Firat Ram Patel, Aged About 22 Years, R/o Village-Bhatapara, Tarada, Police Station-Urga, District Korba (C.G.)

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---- Applicant

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Versus

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1- State Of Chhattisgarh, Through-Station House Officer, Police Station-Urga, District- Korba (C.G.)

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---- Respondent

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For Applicant : Mr. Dharmesh Shrivastava, Advocate For Respondent : Ms. Smriti Shrivastava, P.L.

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Hon'ble Shri Justice Parth Prateem Sahu Order On Board

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09/04/2024

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Applicant has filed this bail application under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail as he has been arrested in connection with Crime No.323 of 2023, registered at Police Station – Urga, District – Korba (C.G.) for offence punishable under Section 376 (2) (n) of the Indian Penal Code.

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Case of the prosecution in brief is that victim lodged report in the concerned police station alleging that applicant on the pretext of marriage, committed sexual intercourse with her on many occasions and thereafter, refused to marry her. Based on the report, aforementioned crime was registered and applicant was

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arrested on 19.09.2023.

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Learned counsel for applicant submits that applicant has been falsely implicated in this case. Applicant has not committed any offence as alleged. If the allegation is taken on its face value, it appears that physical relationship between the two, if any, would be consensual and therefore, no offence is made out. On the date of lodging of FIR as also on the first date of incident, victim was above 19 years of age. Applicant is in jail since 19.09.2023. Hence, he may be enlarged on bail.

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Learned State counsel opposes the submission of learned counsel for applicant and would submit that there is allegation that applicant on the false assurance of marriage developed physical relation with her.

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

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Taking into consideration the facts and circumstances of the case, nature of allegation, age of the victim on the date of lodging of FIR as also on the first date of offence, further considering the submission of learned counsel for applicant that applicant has now been examined and there is no apprehension of tampering of evidence, without commenting anything on merits of the case, I am inclined to allow this bail application.

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Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is directed that the applicant shall be

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released on regular bail upon his furnishing a bail bond in the sum of Rs.25,000/- with one local surety in the like sum to the satisfaction of the Court below on the conditions that:-

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a). Applicant shall appear before the 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 the applicant is found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail.

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Certified copy as per rules.

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Sd/- (Parth Prateem Sahu) Judge

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Balram

Rohit Kumar Patel v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Rohit Kumar Patel v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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