Umesh Kumar Chikanjuri vs State Of Chhattisgarh
2025 Latest Caselaw 3933 Chatt

Chattisgarh High Court

Umesh Kumar Chikanjuri vs State Of Chhattisgarh on 24 April, 2025

                                                         Digitally signed by
                                                         V PADMAVATHI
                                                         Date: 2025.04.24
                                                         17:51:47 +0530




                                                                              NAFR
                HIGH COURT OF CHHATTISGARH AT BILASPUR

                                   CRA No. 533 of 2025

    Umesh Kumar Chikanjuri S/o Main Prasad Chikanjuri Aged About 30 Years R/o
    Village Junapara, Bisunpur, Police Station Charcha, District Koriya Chhattisgarh, At
    Present Resident Of Room No. 16/ K, New Housing Board Colony, Kharmora, Police
    Station Civil Line Rampur, District Korba Chhattisgarh.       ... Appellant

                                          versus

    State Of Chhattisgarh Through Police Station, Civil Line Rampur, District Korba
    Chhattisgarh.                                          ... Respondent

(Cause title is taken from the CIS)

Order Sheet

24.04.2024 Shri Anil Gulati, counsel for the appellant.

Ms Laxmeen Kashyap, PL for the State.

Appeal is admitted for hearing.

Record of the trial Court has already been received.

Heard on IA-1 of 2025, application for suspension of sentence and grant of bail.

Appellant has been convicted and sentenced by the judgment dated 28.02.2025 passed in ST No.58 of 2024, by the court of learned Additional Sessions Judge (FTC), Korba, District-Korba in the following manner with default stipulation:

Cra 533 of 2025

Conviction Sentence Section 376(2) (n) of the IPC RI for 10 years and fine of Rs.1,000/-

Learned counsel for the appellant would submit that the appellant is innocent and has been falsely implicated in the offence. He would further submit that the victim is a major lady, who is aged about 30 years. Both of them were having love affair with each other, and engaged in consensual physical relation since 03.06.2022 till 15.04.2024. She has not made any objection, or complaint to anyone, when she was in relation with the appellant. It is also submitted that in her cross-examination, she admitted the consensual relation and love affair with the appellant. It is only when some dispute arose between them, she lodged the report. The appellant was on bail during trial, and never misused the liberty given to him. He is in jail from 15.05.2024 to 13.08.2024, and thereafter, he is in jail since 28.02.2025. The appeal will take its own time for its final adjudication, therefore, appellant may be enlarged on bail.

On the other hand, learned State counsel opposes the bail application.

Heard learned counsel for the parties and perused the record of the trial Court.

Considering the submission made by learned counsel for the parties, nature of allegation made against the appellant, and the evidence of victim PW1, as well as other evidence available on record, particularly the admissions made in the cross-examination of Cra 533 of 2025

the victim, and further, that during the trial appellant was on bail, I am inclined to allow the application for suspension of sentence and grant of bail.

Accordingly, IA-1 of 2025 is allowed.

It is directed that the jail sentence imposed upon the appellant- Umesh Kumar Chikanjuri S/o Main Prasad Chikanjuri shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 24th June, 2025. He shall thereafter, appear before the trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him by the said Court, till disposal of this appeal.

List the case for final hearing in due course.

Sd/-

(Ravindra Kumar Agrawal) JUDGE

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