Milan Asati vs State Of Chhattisgarh
2023 Latest Caselaw 977 Chatt

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                                                                   NAFR

           HIGH COURT OF CHHATTISGARH, BILASPUR

                        MCRC No. 296 of 2023

     • Milan Asati S/o Mahendra Asati Aged About 30 Years R/o
       Behind Chitramandir, Deviganj Road, Police Station And Tehsil
       Ambikapur, District : Surguja (Ambikapur), Chhattisgarh

                                                            ---- Applicant

                                Versus

     • State Of Chhattisgarh Through Station House Officer, Police
       Station - Gandhinagar,, District : Surguja (Ambikapur),
       Chhattisgarh

                                                      ---- Respondent

For Applicant : Shri Pranjal Agrawal, Advocate For Respondent/State : Shri B.P.Banjare, Dy. GA

Hon'ble Shri Sachin Singh Rajput

Order On Board

15/02/2023

The applicant has filed this application under Section 439 of the

Code of Criminal Procedure for grant of regular bail as he is in custody

in connection with Crime No. 402/2022 registered at police station

Gandhi Nagar, District Sarguja (CG) for the offence punishable under

Sections 376(2)(n), 294 and 506 IPC.

2. Case of the prosecution in brief is that complaint was lodged by

the prosecutrix on 06.11.2022 alleging that the applicant has

developed physical relation with her since three years on the pretext of

marriage. It is alleged that when the prosecutrix asked the applicant to

marry her, he denied to marry and threatened to kill her.

3. Counsel for the applicant submits that the applicant is innocent

and has been falsely implicated and he has not committed any

offence. He further submits that the prosecutrix is a major lady and

fully capable of understanding her well being. He submits that the

prosecutrix is aged about 31 years and the applicant is 29 years of age

and they were known to each other. He submits that there is delay in

lodging the FIR as the first alleged incident took place on 10.06.2019

and it continued for three years. He further submits that the

prosecutrix never made any complaint during these three years. He

submits that the prosecutrix has given an affidavit to the effect that she

does not want to prosecute this case which is appended as Annexure

A-2. He has placed his reliance upon the judgment of the Apex court in

the matter of Naim Ahamed Vs. State (NCT of Delhi) reported in

2023 SCC Online SC 89. He submits that the prosecutrix is a divorcee

Lastly, he submits that the applicant is in jail since 15.12.2022, the

charge sheet has been filed and the trial may take some more time for

conclusion, therefore, the applicant may be released on bail.

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

bail.

5. Considering the rival submissions made by the parties, the facts

and circumstances of the case and the fact that the prosecutrix is

major and consenting, the charge sheet has been filed and the trial

may take some time for conclusion, without commenting on merits of

the case, this Court is of the opinion that it is a fit case to release the

applicant on bail.

6. Accordingly, the application is allowed and the applicant is

directed to be released on bail on his furnishing a bond in the sum of

Rs. 25,000/- with one surety for the like sum to the satisfaction of the

concerned Court for his appearance before that Court as and when so

directed.

7. The applicant shall not influence any of the witnesses

acquainted with the facts of the case in any manner whatsoever, and if

anything like this is reported, the State may move for cancellation of

bail.

Sd/-

(Sachin Singh Rajput) Judge

suguna