Chattisgarh High Court
Kaleshwar Lakda vs State Of Chhattisgarh on 25 April, 2022
Page 1 of 3
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRCA No. 314 of 2022
Kaleshwar Lakda, S/o Buddhu Ram Lakda, Aged About 26
Years, R/o Village Amgaon, Police Station Ramanujnagar,
District- Surajpur, Chhattisgarh. ---- Applicant
Versus
State of Chhattisgarh, Through- Station House Officer, Police of
Police Station Surajpur, District Surajpur, Chhattisgarh.
---- Non-Applicant
For Applicant : Shri Anil Gulati, Advocate
For Non-Applicant/State : Shri Shrikant Kaushik, Panel Lawyer
Hon'ble Shri Justice Gautam Chourdiya
Order on Board
25.04.2022
Heard.
1) The applicant has preferred this application under Section 438 of
Code of Criminal Procedure, 1973 for grant of anticipatory bail as
he apprehends his arrest in connection with Crime No.27/2020
for the offence punishable under Sections 363, 366A, 376 (2)(n)
of IPC and Section 6 of POCSO Act, registered at Police Station-
Surajpur, District- Surajpur (C.G.).
2) Case of the prosecution, in brief, is that the present applicant
alongwith co-accused Moharlal abducted the minor girl. The co-
accused Moharlal, on the pretext of marriage, made the
prosecutrix seat on his motorcycle, took her to his sister's house
at village Aamgaon and committed rape upon the prosecutrix. On
report being lodged to the above effect the aforesaid offences
have been registered against the accused persons.
3) Learned counsel for the applicant submits that the applicant has
been falsely implicated in the crime in question. The main
accused of this case Moharlal, has already been acquitted by the
Additional Sessions Judge (FTSC) Surajpur (C.G.) vide
judgment dated 21.12.2020, passed in Special Sessions Case
No. 06/2020. The applicant has no criminal antecedents, there is
no likelihood of his tampering with the prosecution evidence or
absconding. Therefore, the applicant be released on anticipatory
bail by this Court.
4) On the other hand, learned counsel for the Non-Applicant/State
opposes the bail application.
5) Having heard learned counsel for the parties, having regard to
the facts and circumstances of the case, the fact that main
accused of this case Moharlal Toppo has already been acquitted
by the learned Additional Sessions Judge (FTSC), Surajpur, vide
order dated 19.04.2022, prosecutrix with her mother appeared
before this Court with the aid of DLSA, Surajpur & both have
raised no objection to grant of bail to the applicant, the applicant
has no criminal antencedents, there is no likelihood of the
applicant tampering with the prosecution evidence or absconding
as admitted by both the counsel and conclusion of trial may take
some time, without commenting anything on merits of the case,
the application under Section 438 of CrPC is allowed.
6) It is directed that in the event of the applicant executing a
personal bond for a sum of Rs. 2,00,000/- with two sureties of
Rs. 1,00,000/- each to the satisfaction of the concerned arresting
officer, he shall be released on bail, on following conditions :-
(a) he shall make himself available for interrogation by
a police officer as and when required;
(b) he shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade
him from disclosing such fact to the Court;
(c) he shall not act in any manner which will be
prejudicial to fair and expeditious trial, and
(d) he shall not involve himself in any offence of similar
nature in future.
Let a copy of this order be forwarded to the
concerned police station forthwith who shall inform the
trial Court in the event of applicant involving himself in
similar offence in future.
Sd/-
(Gautam Chourdiya)
Judge
Nadim
