Research › Search › Judgment

Chhattisgarh High Court · body

2011 DIGILAW 322 (CHH)

MAHENDRA KUMAR SAHU v. STATE OF C. G.

2011-09-21

MANINDRA MOHAN SHRIVASTAVA

body2011
ORDER 1. The applicant has preferred this application under Section 438 of Cr.P.C, apprehending his arrest in connection with Crime No.92/2011, registered at Police Station-Koni, District Bilaspur for alleged commission of offence under Section 376 of the IPC. 2. Case of the prosecution, in brief, is that the applicant committed rape on one Pinky Singh. 3. Learned counsel for the applicant submitted that even according to the statement and allegation of the complainant-Pinky Singh that the present applicant and Pinky Singh had long standing love affair, since 11/2 years. He submits that the allegation of commission of offence of rape, on the face of submission that the applicant and Pinky Singh used to meet together and there was a stage of marriage between them, clearly shows that the present is a case of false implication. He also submitted that even if it is assumed that there were physical relations between them, it was with the consent. 4. On the other hand, learned State counsel submitted that the complainant-Pinky Singh has stated in the FIR as well as in the case diary statement that she and the present applicant had love affair and the applicant had assured to marry her and on that promise, he committed the offence of rape. 5. Taking into consideration the report lodged by Pinky Singh and her case diary statement that she and the applicant had long standing affair since 11/2 year, and during the said period, they maintained physical relations also and the report has been lodged on the allegation that after having maintained physical relations, the applicant had refused to marry with the complainant, it is a fit case for grant of anticipatory bail. 6. Accordingly, the application (M.Cr.C.(A) No 762/2011) is allowed. It is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail on his furnishing a personal bond for a sum of Rs. 10,000/- with one surely in the like sum to the satisfaction of the arresting officer, on the following conditions that : (i) he shall make himself available for interrogation by a police officer as and when required; (ii) he shall not. 10,000/- with one surely in the like sum to the satisfaction of the arresting officer, on the following conditions that : (i) he shall make himself available for interrogation by a police officer as and when required; (ii) he shall not. directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) he shall cooperate with the investigation as and when he is called. Certified copy as per rules. Application Allowed.