GIRISH PAWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicant has preferred this first bail application under Sec. 438 of Cr.P.C. as he apprehends his arrest in connection with Crime No. 949/2021, registered at Police Station City Kotwali, District Korba (C.G.) for offence punishable under Sec. 376 (2) (n) of IPC and Ss. 4 and 6 of POCSO Act.

(2.) As per prosecution story a complaint was made by the prosecutrix/victim before the Police Station City District Korba alleging that she was repeatedly raped by the present applicant since 2014 on the pretext of marriage. It is alleged that the prosecutrix was a minor at time when incident first occurred. Hence, on report being lodged to the above effect, the aforesaid offences have been registered against the applicant.

(3.) Learned Senior Counsel submits that the applicant is innocent person and has been falsely implicated in the case. He submits that it is not in dispute that there are romantic relationships between the applicant and complainant since 2014 because they are neighbour. He submits that in fact, in October 2020, an attempt was made by the family of the applicant to solemnize their marriage which was unfortunately, turned down by the family of the complainant. He submits that the applicant got married with another girl on 16/2/2021 and in the said marriage, the complainant's family was also invited, but the complainant had not raised any objection with regard to marriage of the applicant with another girl. Therefore, the allegations made by the complainant against the applicant is utterly baseless. He further submits that at present the prosecutrix is residing at next door of the applicant's house and she is a major and is working as teacher in Nursing College. He submits that the first incident regarding rape against the prosecutrix happened in the year 2014/2015 and the F.I.R. was lodged in the year 2021, prior to lodging the F.I.R. there is no complaint made by the prosecutrix regarding rape committed by the applicant Therefore, there is delay in lodging the report by the prosecutrix and her conduct is doubtful. He also submits that there is no likelihood of the applicant tampering with the prosecution evidence or absconding and the trial of the case is likely to take some time for its final disposal. Therefore, the applicant be released on anticipatory bail by this Court. Reliance has been placed on the decisions of the Hon'ble Supreme Court in Thulia Kali v. State of T.N., (1972) 3 SCC 393 and Dilawar Singh v. State of Delhi, (2007) 12 SCC 641.