Avinash @ Goldi vs State Of Chhattisgarh

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.492/2021, registered at Police Station- Bhatapara (Town), Dist. Baloda Bazar Bhatapara (C.G.) for the

offence punishable under Sections 376, 384 of the IPC.

Case of the prosecution, in brief, is that applicant made physical relation with the prosecutrix and when prosecutrix did not wish to continue the

relation applicant started threatening her by saying that he would make her obscene photographs viral on social sites. It is also alleged that applicant

obtained 3 Lacs with gold and silver ornaments from the prosecutrix, thereafter offence was registered.

Learned counsel for the applicant would submit that the applicant has falsely been implicated in crime in question. He would also submit that

applicant had provided financial assistance to the prosecutrix and when applicant was in need he asked to return the loan amount from the prosecutrix,

a false report was lodged as also he is in jail since 16.11.2021, therefore, he may be enlarged on bail.

On the other hand, learned counsel for the State would oppose the bail application.

I have heard learned counsel appearing for the parties and perused the record. He would further submit that there are three criminal antecedents

registered against the applicant in years 2018, 2013 and 2020.

Taking into consideration the facts & circumstances of the case; further taking into consideration the nature & gravity of the offence; role of the

present applicant; applicant is in custody since 16.11.2021, this Court is of the opinion that present is a fit case, in which, the applicant should be

enlarged on regular bail.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with two sureties in the like sum to

the satisfaction of the concerned trial Court, for his appearance as and when directed.