Tarang Agrawal 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.116/2021, registered at Police Station Mahila Thana, District Raipur C.G. for the offence punishable under

Sections 376, 377, 354, 376(3)( ) of the I.P.C.

Case of the prosecution, in brief, is that prosecutrix is a married lady aged about 30 years having a child of about 4 years and was residing

separately with her husband without taking divorce. She works in the office of trading of iron rod and the present applicant is also engaged in the

business of iron, therefore, they came in contact and developed a love relationship. It is alleged by the prosecutrix that present has committed

unnatural sex and also committed rape on the pretext of marriage on several occasions. Prosecutrix also alleges that father and brother of the

applicant have sexually harassed her.

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

prosecutrix was the consenting party in the act, they were having relationship since 15.9.2021 to 22.10.2021 and were in contact through WhatsApp,

copy of which is annexed, it shows that there is no whisper about performing unnatural sex. Even applicant's engagement ceremony was performed

with another girl on 15.9.2021 which was broken after knowing his relationship with the prosecutrix. Even after the engagement ceremony the

prosecutrix and the applicant were continuously performing business and applicant is in jail since 15.11.2021, therefore, he may be enlarged on bail.

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

objector submits that on the pretext of marriage applicant has sexually exploited the prosecutrix and called her in hotel Aditya many times. Within a

period of one year, prosecutrix became pregnant two times, at first occasion, applicant gave some pills for abortion and at the second time, the

applicant and objector both went to consult Dr. Sheela Pahlajani at Raipur. It is also submitted that on 02.8.2021 when prosecutrix went to see

applicant's brother's new born baby to Suyash Hospital, Raipur applicant's father asked the prosecutrix to leave his son and also sexually misbehaved

with her. On 20.9.2021, applicant called the objector/prosecutrix at Raipur railway station when she reached by her car applicant took charge of

objector's car and in a very brutal manner inserted the whisky bottle in her private part, therefore, learned counsel for the objector strongly opposes

the bail application.

I have heard learned counsel appearing for the parties and perused the record.

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

present applicant as also considering the fact that prosecutrix is a married lady, without taking divorce from her husband she was having relationship

with the applicant for past one year, this Court is inclined to release the applicant on 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 one surety in the like sum to

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