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Judgment
11 paragraphs · 384 wordsHeard.
This is an application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.539/2021, registered at Police Station Kotwali, District Dhamtari (CG) for the offence punishable under Section 376 of the IPC.
The case of the prosecution is that the applicant and the complainant were having love affair since last 2 years and they also got married but due to some difficulties, she is not residing in the applicant's house. The prosecutrix has lodged the FIR alleging that on the pretext of marriage, the prosecutrix was sexually exploited by the applicant.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. Even after marriage with the applicant in a temple, the prosecutrix had started an affair with another person and when this fact came to the knowledge of the applicant, the dispute arose. The applicant has also annexed certain photographs of the prosecutrix along with the said person in support of the bail petition. He prays for releasing the applicant on anticipatory bail.
On the other hand, learned counsel for the State opposes the bail application.
Having considered the submissions of learned counsel for the parties and taking into consideration the documents annexed with the petition and further considering that the complainant is a major lady, I am inclined to extend the benefit of Section 438 of Cr.P.C. to the applicnat.
Accordingly, the application is allowed and it is directed that in the event of arrest of the applicant, he shall be released on anticipatory bail on his furnishing a personal bond for a sum of Rs.10,000/- with one surety in the like sum to the satisfaction of the Arresting Officer with the following conditions :-
(i) he shall make himself available for interrogation by a Police Officer as and when required;
(ii) 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 for disclosing such facts to the Court or to any Police Officer.
(iii) he shall not influence the witnesses during pendency of the trial.
Certified copy as per rules.