Chattisgarh High Court
Ramesh Oraon @ Rameshwar vs State Of Chhattisgarh on 19 July, 2024
Author: Ramesh Sinha
Bench: Ramesh Sinha
Neutral Citation
2024:CGHC:26227
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 3289 of 2024
Ramesh Oraon @ Rameshwar S/o Pahal Ram, Aged About 25 Years
R/o Badauli, P.S. Rajpur, District Balrampur Ramanujganj,
Chhattisgarh.
---- Applicant
Versus
State of Chhattisgarh Through S.H.O P.S Rajpur District Balrampur
Ramanujganj, Chhattisgarh.
---- Non-Applicant
(Cause title taken from Case Information System)
For Applicant : Mr. Pushkar Sinha, Advocate.
For Non-applicant/State : Mr. Amit Verma, Panel Lawyer
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
19.07.2024
1.This is the First bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 128/2024 registered at Police Station - Rajpur, District - Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 376(2)
(n) of the Indian Penal Code.
2. Case of the prosecution, in brief, is that on 29.03.2024 the victim filed a written complaint to the concerned Police Station alleging that on the pretext of marriage, the applicant committed sexual intercourse Neutral Citation 2024:CGHC:26227 2 with the victim and thereafter she became pregnant and gave birth to a girl child on 30.03.2024. On the basis of FIR, offence under Section 376(2) (n) of the IPC was registered against the applicant.
3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He further argued that the victim is a major girl of 25 years and she was in relationship with the applicant for last two years and from their relationship, a girl child was born and there is delay in lodging of the FIR and medical evidence is also not supported the case of the prosecution. It is further submitted by the learned counsel the applicant that the applicant is in jail since 28.03.2024 and conclusion of trial will take some time, therefore, he prays that the applicant be enlarged on bail.
4. Learned State counsel opposes the bail application, however, he submitted that there is no criminal antecedent against the applicant.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts and circumstance of the case and the fact that the victim is major lady and from the relationship of the applicant and the victim, a girl child was born and nature and gravity of offence and the applicant is in jail since 28.03.2024, trial is likely to take sometime for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case.
Neutral Citation 2024:CGHC:26227 3
7. Let applicant, Ramesh Oraon @ Rameshwar, involved in Crime No. 128/2024 registered at Police Station - Rajpur, District - Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 376(2)
(n) of the Indian Penal Code be released on bail on his furnishing a personal bond with two local sureties in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through their counsel.
In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence Neutral Citation 2024:CGHC:26227 4 of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law.
8. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment.
9. Office is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance.
Sd/-
(Ramesh Sinha) Chief Justice Santosh