Allowed

Mohar Sai Bhagat v. State of Chhattisgarh

Chhattisgarh HC11 Jun 2024MCRC/3297/2024

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a bail application filed by an accused in a rape case. The Court granted bail considering the delay in FIR registration, the three-year lapse since the alleged incident, and the prosecutrix's own version of events, directing the applicant to furnish a personal bond of Rs. 25,000 with one surety.

What did the court decide?

The application for grant of bail is allowed. The Applicant shall be released on bail on furnishing a personal bond for Rs. 25,000 with one surety of the like sum.

Mohar Sai Bhagat Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MISC. CRIMINAL CASE NO. 3297 OF 20 24

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Mohar Sai Bhagat S/o Ghasiram Bhagat Aged About 35 Years R/o Village Potra, Police Station and Tahsil Lailunga, District : Raigarh, Chhattisgarh.

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… Applicant

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Versus

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State of Chhattisgarh, Through Station House Officer, Police Station Lailunga, District Raigarh, Chhattisgarh.

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… Respondent

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For Applicant : Shri Hari Agrawal, Advocate. For Respondent-State : Shri Prateek Tiwari, Panel Lawyer.

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Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board

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12.06.2024

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1. This is first bail application seeking for grant of bail to the Applicant who is in jail since 12.09.2023 in connection with Crime No.311/2023 registered at Police Station Lailunga, Distt. Raigarh for the offence punishable under Sections 458, 506 and 376(2)(n) IPC.

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2. As per prosecution case, on 06.09.2023 the applicant entered into the house of prosecutrix and committed rape upon her at 12 in the night. The prosecutrix lodged a report on 11.09.2023 and the applicant was arrested on 12.09.2023.

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3. Learned Counsel for the applicant would submit as per version of the prosecutrix herself the applicant committed rape upon her three years back and since then he was making physical relation with her, however no report was lodged till date. It is only when her Husband came into knowledge of relationship between them,

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the report has been lodged on 11.09.2023. Even on 06.09.2023 when the alleged incident is said to have been committed by the applicant, no prompt report was lodged and ultimately the report has been lodged on 11.09.2023 i.e. after about five days from the date of incident. The prosecutrix is a major and married lady. The applicant is in jail since 12.09.2024 and therefore he may be released on bail as final adjudication may take sometime.

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4. On the other hand the counsel for the State opposes the bail application.

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5. Without commenting on merits, considering the totality of the facts and circumstances of the case, taking into consideration the age and statement of the prosecutrix; delay in lodging FIR and also considering the fact that relationship between them was continued for about three years, this Court is of the opinion that present is a fit case where the Applicant can be enlarged on bail.

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6. Accordingly, the application for grant of bail is allowed. It is directed that the Applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety of the like sum to the satisfaction of the concerned Trial Court for his appearance on each date of hearing before the trial court, unless exempted from personal appearance by the said Court.

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inder

Mohar Sai Bhagat v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Mohar Sai Bhagat v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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