Lakshmi Narayan Jadi vs State Of Chhattisgarh
2022 Latest Caselaw 5796 Chatt

                               1

                                                          NAFR


       HIGH COURT OF CHHATTISGARH, BILASPUR
                   MCRCA No. 936 of 2022

    Lakshmi Narayan Jadi, S/o Lt. Shri Madan Ram Jadi, Aged
     About 24 Years, Caste Turi, R/o Village Ghoraghat, Chauki
     Lodam P.S. Jashpur, District : Jashpur, Chhattisgarh.
                                                  ----Applicant
                           Versus
    State of Chhattisgarh Through Police Station- Jashpur,
     Outpost Lodam District- Jashpur (C.G.).
                                               ---- Respondent

For Applicant              : Mr. Mohit Kumar, Adv.
For Respondent/State       : Mr. Anurag Verma, P.L.



             Hon'ble Smt. Justice Rajani Dubey
                       Order on Board
15.09.2022
     Heard

1. This application under Section 438 of the Code of Criminal Procedure has been filed by the applicant who is apprehending his arrest in connection with Crime No. 173/2022 registered at Police Station- Jashpur, District- Jashpur, (C.G.) for commission of the offence punishable under Sections 363, 376(2)(n) of IPC, 1860 & 4, 5, 6, of POCSO Act.

2. Case of the prosecution is that, written complaint was lodged by prosecutrix alleging that in the year 2014, when she was minor, applicant committed sexual intercourse with her on the pretext of marriage and further it was disclosed to community, meeting was called and applicant kept her as a wife and thereafter, prosecutrix gave birth to a baby. It is further alleged that applicant started assaulting her and also refused to keep

her with him due to which FIR was lodged.

3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He further submits that applicant and prosecutrix have already married to each other and counter-FIR has been lodged by both the parties against each other. He also submits that there is unexplained delay of 8 months in lodging the FIR, therefore, the present applicant may be granted anticipatory bail. In support of his argument, reliance has been placed on the judgment rendered by Hon'ble Supreme Court in the matter of Ansaar Mohammad Vs. The State of Rajasthan & Anr. in 2022 LiveLaw (SC) 599 (Criminal Appeal No. 962 of 2022 @ SLP (CRL.) No. 5326 of 2022).

4. On the other hand, counsel for the State however opposes the application for anticipatory bail and submits that there is serious allegation against the applicant, therefore, he may not be granted anticipatory bail.

5. After hearing counsel for the parties and also considering the totality of the facts and circumstances of the case, this Court is of the considered opinion that it is a fit case to grant anticipatory bail to the applicant. Accordingly, the application is allowed. It is directed that in the event of arrest of the applicant in connection with aforesaid crime number, he shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one local surety for the like sum to the satisfaction of the concerned arresting/ investigating officer or the Court concerned, as the case may be, with the following terms and conditions:

(i) that the applicant shall make himself available for interrogation before the concerned investigating officer as and when required.

(ii) that the applicant shall not, directly or indirectly, make

any inducement, threat or promise to any person acquainted with the facts or the case as to dissuade him/her from disclosing such facts to the Court or to any police officer;

(iii) that the applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and

(iv) that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

Sd/-

(Rajani Dubey) Judge

Ruchi