TARANG AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the first bail application filed under Sec. 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 Ss. 376, 377, 354, 376(3)( ) of the I.P.C.

(2.) 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.

(3.) 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.