Chattisgarh High Court
Dr. Manohar Gupta vs State Of Chhattisgarh on 14 October, 2022
Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No.8347 of 2022
• Dr. Manohar Gupta S/o Shri Gokul Prasad Gupta, aged about
45 years R/o Near Narayan Pan Thela, Bhavani Nagar,
Gudhiyari, P.S. Gudhiyari, District : Raipur (CG)
---- Applicant (In Jail)
Versus
• State of Chhattisgarh Through P.S. Gudhiyari, Raipur, District :
Raipur (CG)
---- Non-applicant
For Applicant : Mr. Sanjay Agrawal, Advocate
For Non-applicant : Mr. Ravi Bhagat, Govt. Advocate
Hon'ble Mr. Justice Parth Prateem Sahu
Order On Board
14/10/2022
1.This is fourth bail application on behalf of applicant under Section 439 of CrPC. First bail application bearing M.Cr.C. No.4246/2021 was dismissed on merits vide order dated 3.8.2021 with liberty to revive prayer for grant of bail after examination of prosecutrix.
2. Applicant is in custody in connection with Crime No.92/2021 registered at Police Station Gudhiyari, Raipur under Sections 307 & 376 of IPC.
3. Learned counsel for applicant would submit that after incident, prosecutrix died of Covid-19 infection on 19.4.2021 and thereafter, second and third bail applications of applicant were 2 dismissed as withdrawn on 9.12.2021 & 20.4.2022, granting liberty to repeat prayer for grant of bail after examination of remaining material witnesses. Since 28.3.2022 summons are being issued to prosecution witnesses and most of them are not turning up. Two doctors were examined on 28.3.2022 and thereafter, as per his information, no witness has been examined till date. Applicant is in jail since 5.4.2021. Sister of prosecutrix in her Court statement stated that report is lodged only because applicant has not borne expenses of treatment of prosecutrix. Allegation against applicant is that he assaulted prosecutrix and thereafter committed forcible sexual intercourse with her. Clothes of prosecutrix were seized only on 5.4.2021 whereas date of incident is 17.3.2021, therefore, there is suspicion with respect to clothes sent for chemical examination to FSL, Raipur. With respect to allegation of offence under Section 307 of IPC, applicant is in custody for more than 1½ years. Hence, this fourth bail application of applicant may be considered.
4. On the other hand, learned State Counsel opposing submissions of learned counsel for applicant, would submit that according to material available in charge sheet, injuries were found on the person of prosecutrix. However, he does not dispute submission of learned counsel for petitioner that prosecutrix died due to Covid-19 infection. In report of FSL, human sperm was noticed on clothes seized from prosecutrix. Hence, applicant is not entitled for grant of regular bail. On a 3 question being put by the Court, learned State Counsel replied that clothes of prosecutrix were seized vide seizure memo dated 5.4.2021.
5. I have heard learned counsel for the parties.
6. Taking into consideration nature of allegations, material available in charge sheet, submission of learned counsel for applicant that at the time of rejection of first bail application of applicant, it could not be brought to notice of the Court that prosecutrix died due to Covid-19 and further considering date of seizure of clothing of prosecutrix i.e. 5.4.2021, period of detention, without commenting anything on merits of case, I am inclined to enlarge applicant on regular bail.
7. Accordingly, this fourth bail application is allowed and it is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety in the like sum to satisfaction of trial Court concerned on the conditions that;
a) he shall appear before the trial Court concerned regularly on each & every date unless exempted from appearance.
b) he shall not, in any manner, tamper with the prosecution witnesses.
c) If applicant is found involved in similar offence in future, it will be open for the State to apply for cancellation of bail. Certified copy as per rules.
Sd/-
(Parth Prateem Sahu) Judge roshan/-