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2008 DIGILAW 53 (CHH)

SAHNI RAM v. STATE OF C. G.

2008-03-03

L.C.BHADOO

body2008
ORDER Heard. The accused/applicant has preferred this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail in Crime No. 17912007 registered at Police Station Jaijaipur, Distt. Janjgir-Champa for offence punishable under Sections 376 & 452 of the IPC. Case of the prosecution is that on 9.2-2007 at about 12 noon when the parents of the prosecutrix were not at the residence and she was all alone at her residence, the accused/applicant came and committed rape on her. She disclosed this fact to her aunt on which she said that let her father come. thereafter, they will inform him. Thereafter, the father of the prosecutrix came and he was informed accordingly. He convened u meeting of the Panchayat and on 1-6-2006, the Panchayat asked the accused/applicant that the appellant & the prosecutrix both belong to the same caste and the prosecutrix becalm: pregnant therefore he should keep her at his residence. The accused kept the prosecutrix at his residence for about 10 days, thereafter he ousted her. Ultimately on 13-7-2007, the matter was reported and the accused was arrested on 16-7-2007. Learned counsel for the applicant argued that the prosecutrix and the accused are of same caste, the prosecutrix was a consenting party and the complaint was lodged against the accused after more than five months, only in order to implicate him in a false case. The applicant is in detention since 16.7-2007, thereby he is in detention for about 7V, months, therefore, the applicant be released on regular bail. On the other hand. learned Penal Lawyer opposed the bail application. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, having regard to the fact that the matter is reported after five months of the incident, the accused is in detention for more than 71/2, months and it is sated that charge sheet has already been filed but so far the evidence of the prosecutrix has not been recorded, I am of the opinion that it is a fit case to enlarge the applicant on regular bail. Accordingly, the application is allowed. The applicant is1irected to be released on bail on his furnishing a personal bond in the sum of Rs. J 0,000/- and a surety in the likewise amount to the satisfaction of the trial Court. Accordingly, the application is allowed. The applicant is1irected to be released on bail on his furnishing a personal bond in the sum of Rs. J 0,000/- and a surety in the likewise amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. Ball Granted.