Pankaj Kashyap vs State Of Chhattisgarh
2023 Latest Caselaw 525 Chatt

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                                                                           NAFR
               HIGH COURT OF CHHATTISGARH, BILASPUR
                              MCRC No. 9926 of 2022
     Pankaj Kashyap S/o Mitthu Ram Kashyap Aged About 29 Years Presently
      Resided At Behind Of Robel Gym, Kududand, Bilaspur, Police Station Civil
      Line, District Bialspur Chhattisgarh, Permanent Resident Of Ward No. 04,
      Village And Post Office Ramna, Police Station Ramna, Garhwa Jharkhand.

                                                                    ---- Applicant

                                      Versus

     State Of Chhattisgarh Through The Station House Officer, Police Station
      Civil Lines, Bilaspur, District - Bilaspur, Chhattisgarh.

                                                               ---- Non-Applicant

For the Applicant                 :     Mr. Ishan Verma, Advocate
For Non-Applicant                 :     Ms. Usha Chandrakar, P. L.
For the objector                  :     Mr. Priyanshu Gupta, Advocate

                      Hon'ble Shri Justice Sachin Singh Rajput
                                   Order On Board
25.01.2023
    1.

The applicant has preferred the first bail application under Section 439 of CrPC for grant of regular bail as he is in jail since 14.10.2022 in connection with Crime No.1050/2022 registered at Police Station- Civil Lines, Bilaspur District- Bilaspur (C.G.) for the offence punishable under Sections 376, 506 & 509 (b) of IPC.

2. The case of prosecution in brief, is that the complainant lodged a report alleging that the applicant having physical relation with prosecutrix threatened to make viral her obscene photos, therefore, FIR has been registered.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and has been falsely implicated in this case. He further submits there was love relationship between the applicant and the victim for about 2-3 years, thereafter, because of some disputes FIR was lodged. He submits that the applicant is in jail since 14.10.2022, trial is not concluded as yet and the applicant is ready to abide by all terms and conditions imposed by this Court, therefore, he may be released on bail. He also placed reliance upon the judgment of Hon'ble Supreme Court in case of Maheshwar Tigga Vs. State of Jharkhand1 also in the case of

1(2020) 10 SCC 1082

Pramod Suryabhan Pawar Vs. State of Maharashtra and another.2

4. On the other hand, learned counsel for the State opposes the bail application and submits that the victim was subjected to commit intercourse by applicant and also threatened to make viral her obscene photos. Looking to the seriousness of the offence, his application may be rejected.

5. Counsel for the objector has no objection in granting bail to the applicant.

6. I have heard learned counsel for the parties and considered their rival submissions.

7. Considering the totality of the facts and circumstances of the case, looking to the nature of allegations, period of their relationship, detention period, trial may take some time and also in view of judgments of Hon'ble Supreme Court in cases of Maheshwar Tigga (Supra) & Pramod Suryabhan Pawar (Supra), without commenting anything on merits of the case, I am inclined to allow this bail application.

8. Accordingly, the bail application filed by applicant is allowed and it is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one solvent surety for the like amount to the satisfaction of the concerned trial Court. He shall appear before the trial Court on each and every date given by the said trial Court, till disposal of the trial.

9. It is made clear that the observations made hereinabove is only for the purpose of deciding the bail application and the trial Court will decide the case on its own merit without being influenced by any observation made hereinabove. It is made clear that the applicant shall be restrained from meeting to any of the prosecution witnesses till trial is concluded. It is also made clear that the trial Court is at liberty to cancel the bail application of the applicant in the event of applicant involving himself in similar offence in future and violate if any of the conditions.

10. Certified copy as per rules.

Sd/-

(Sachin Singh Rajput) Judge parul

2(2019) 9 SCC 608