Devendra Kumar @ Golu vs State Of Chhattisgarh

Ramesh Sinha, J

This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 66/2024 registered at Police Station – Narayanpur District- Jashpur (C.G.) for the offence punishable under Sections 137(2), 296, 142, 27(2), 3(5) of the BNS.

Prosecution case in brief is that the accused stopped the minor boy namely David Lakda while returning from school, coaxed him into his car, took him to his house, put pressure on him, threatened him, made him change his school dress and in the absence of his parents, took him in the car and brought him to Ambikapur on 23.07.2024. On the basis of tower location, the address was searched on 25.07.2024 in village Chalgali, District-Balrampur and on 26.07.2024, at 6 am, the minor child was recovered at Ambikapur bus stand. At the stage, the involvement of the accused in the case is visible, thereafter police officials of the police station Narayanpur has been registered FIR on the basis of complaint on 22.07.2024 in crime No 66/2024 for alleged offences punishable under sections 137(2), 296, 142, 27(2), 3(5) of the Bharatiya Nyaya Sanhita 2023 against the present applicant.

Learned counsel for the applicant submits that the present applicant has been falsely implicated in the aforesaid case, he is innocent and has not committed any offence. He further submits that the applicant and the family of the complainant knew each other very well and both are neighboring villagers. The applicant suddenly fell ill and had to go to Raipur for treatment, so he asked applicant’s son to accompany him to Raipur. The applicant’s son agreed to go to Raipur with the applicant and thereafter, the next day, applicant sent complainant’s son back to his home with another person. The present FIR has been lodged only with the intention to harass the applicant. Hence, he prays for grant of anticipatory bail to the applicant.

On the other hand, learned State counsel, opposes the prayer for grant of anticipatory bail to the applicant and also the submissions made by learned counsel for the applicant.

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, nature of dispute and material available in case diary, also considering the fact that applicant and the family of the complainant knew each other very well and both are neighboring villagers and further, no any injury has been caused to the complainant by the applicant, as such, without further commenting anything on merits, this Court deems it fit to grant benefit of anticipatory bail to the Applicant.

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

(a) They should 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) They should not act in any manner which will be prejudicial to fair and expeditious trial.

(c) They should appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

(d) The Applicants and the sureties 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) They should not involve themselves in any offence of similar nature in future.