1. This application under Section 439 Cr.P.C. for grant of bail has been filed by the accused/applicant who is languishing in jail since 21.02.2023 in connection with Crime No.85/2023 registered at Police Station Chakarbhata, Bilaspur for the offence punishable under Sections 509, 228-A of IPC and Section 67-B of the I.T. Act.
2 Prosecution case, in brief, is that in the year 2017 the applicant took the prosecutrix for roaming in lonely place where he given the alcoholic drinks to the prosecutrix and thereafter, committed rape with her and also made the video and taken obscene pictures of her. Thereafter, he extended threats to viral the video and committed rape with her several times. Thereafter, the prosecutrix lodged an FIR against the applicant for the offence under Sections 376 and 384 of IPC which was registered as Crime No.1193/2022. In the said case, the applicant was released on bail. However, after releasing on bail, the applicant viral the video and private pictures of the prosecutrix and sent it to her family members through social media. On the basis of aforesaid allegations, instant FIR has been lodged against the applicant.
3. Learned counsel for the applicant submits that the accused/applicant is innocent and has been roped in a false case. He further submits that applicant has not circulated any private video or picture of the prosecutrix. The applicant and prosecutrix were in relationship. He further submits that charge-sheet has been filed. The applicant is young boy and he is in jail since 21.02.2023 and jail detention will ruin his future. Therefore, he may enlarged on regular bail. He submits that the applicant would abide by all terms and conditions imposed on him while granting bail.
4. Per contra, learned State counsel opposes the bail application.
5. Having considered the submission of learned counsel for the parties, further considering the nature of accusation, period of pretrial detention of the applicant, charge-sheet has been filed and that conclusion of the trial is likely to some more time, I am inclined to release the applicant on bail.
6. Accordingly, the application is allowed and it is directed that on applicant’s furnishing a personal bond in the sum of Rs.50,000/-with two sureties for the like sum to the satisfaction of the concerned Court, he shall be released on bail on the following conditions:-
(a) the applicant shall not contact the prosecutrix in any manner and shall not send or viral any kind of picture or video over social media related to the prosecutrix.
(b) he shall not act in any manner which will be prejudicial to fair and expeditious trial,
(c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of case.
7. It is made clear that if the applicant will violate any of the conditions mentioned above or repeat any misconduct in future, then the prosecution/State will be at liberty to take appropriate steps for cancellation of his bail.
