Abc vs Station House Officer

Ramesh Sinha, J

This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 214/2024 registered at Police Station – City Bhodghat, District – Jagdalpur (C.G.) for the offence punishable under Sections 354(B), 294, 323, 506 read with Section 34 of the IPC.

Prosecution case in brief is that the complainant/respondent No.3 lodged a report to the Police Station Bodhghat, on 22.05.2024 at about 9:45 p.m. she was in the house and her husband gave him a call to bring a water bottle outside the house. When the complainant came out of house the applicant No.1 caught hold of her body and touching her breast and tour her blouse, the applicant also uttered filthy language against her. She called her husband and when her husband came to the spot the mother (applicant No.2) and applicant No.3 started quarreling with the husband of respondent No.3. On this report, an FIR was registered against the applicant. Hence, this application.

Learned counsel for the applicant would submit that the applicant is innocent person and he has not committed any offence as alleged by the prosecution and he is falsely implicated in the present case. It is further submitted that the grandfather of the applicant had lodged a report against the husband of the respondent No.3/complainant and his father for extorting money with the Police Station Bodhghat from 30.04.2024. It has been further submitted that the Learned Sessions Court Bastar, has granted anticipatory bail to the two co-accused persons vide order dated 06.06.2024. Therefore, he prays for grant of anticipatory bail to the applicant.

On the other hand, learned State counsel, would have opposed the prayer for grant of anticipatory bail to the applicant and submits that when the complainant came out of house the applicant No.1 caught hold of her body and touching her breast and tour her blouse, the applicant also uttered filthy language against her. She called her husband and when her husband came to the spot the mother (applicant No.2) and applicant No.3 started quarreling with the husband of respondent No.3. Therefore, this anticipatory bail application is liable to be rejected.

I have heard learned counsel for the parties and perused all of the documents taken on record.

Considering the facts & circumstances of the case, submissions of learned counsel for the parties, and from the perusal of the case diary, it transpires that the grandfather of the applicant had lodged a report against the husband of the respondent No.3/complainant and his father for extorting money at the Police Station Bodhghat from 30.04.2024, further that the Learned Sessions Court Bastar, has granted anticipatory bail to the two co-accused persons vide order dated 06.06.2024, at this stage without expressing any opinion on the merits of the case, this Court is of the opinion that the applicant is entitled to grant anticipatory bail in this case.

Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – ABC on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:-

(a) The Applicant 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.

(b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial.

(c) 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.

(d) The Applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court.

(e) The Applicant shall not involve themself in any offence of similar nature in future.