RAYMOND LAKDA 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. 153/2023 registered at Police Chowki-Lodam, Police Station - Jashpur, District Jashpur, for the offence punishable under Ss. 376 and 376(2)(n) of the IPC.

(2.) Case of the prosecution, in brief, is that the FIR was lodged by the prosecutrix on 24/12/2022 at about 8 p.m. alleging that the present applicant on the promise of marriage committed sexual intercourse with her from 2/1/2022 to 24/12/2022, but did not marry with her. On the basis of said report, the police has investigated the matter and arrested the applicant.

(3.) It has been argued by the learned counsel for the applicant that the applicant has not committed any offence and he has been falsely implicated in crime in question. The prosecutrix is a major girl and was a consenting party. There was love-affair between the applicant and the prosecutrix since 2002. FIR was lodged by the prosecutrix with a delay of one year and no plausible explanation was given for delay in lodging the FIR. As the applicant serves in I.T.B.P. Para Military Force at Assam State and due to not granting leave from the higher authority, the applicant did not appear in the marriage himself, therefore, the prosecutrix gets angry and lodged a false report against the applicant. The applicant is in jail since 11/6/2023 and the trial is likely to take some time for its conclusion. Hence, he prays that the applicant be enlarged on bail.