Mansai vs State Of Chhattisgarh

Heard.

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.325/2021 registered at Police Station Deepka, Civil and Revenue District Korba (Chhattisgarh) for the offence punishable under Sections 376, 323, 506 of the IPC.

The case of the prosecution, in brief, is that on 28.12.2021, the prosecutrix came with her husband to his brother's house at Deepka. On the way, the applicant, who is the son of her elder father-in-law (Bade Sasur), sent the husband of the prosecutrix for purchasing liquor and thereafter, he took the prosecutrix in a forest and committed forcible sexual intercourse with her and also threatened to kill her. Thereafter, the FIR was lodged on 29.12.2021.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. The wife of the present applicant had made a complaint on 30.1.2020 against her neighbour and one of the policeman namely Manoj Mishra, who was posted as the Sub Inspector, Deepka Police Station. He would further submit that there was some family dispute with the husband of the prosecutrix, therefore, she has made a false complaint against the applicant. He submits that on the date of the incident, the applicant, who was working as a driver in M/s. Jay Ambe Transport, Raipur, was on his way to Chaal, Raipur in his vehicle No.CG-04-1061 for filling coal and he was not present on the spot. In support of the said submissions, certain documents have been annexed with the bail application. Hence, he prays that the applicant may be extended the benefit of Section 438 of Cr.P.C. to the applicant.

On the other hand, learned counsel for the State opposes the bail application.

Having heard the submissions of learned counsel for the parties and also considering the nature of allegations and that there is huge delay in lodging the FIR, without commenting anything on the merits of the case, I am inclined to extend the benefit of Section 438 of Cr.P.C. to the applicant.

Accordingly, the bail application is allowed and it is directed that in the event of arrest of the applicant, he shall be released on bail on his furnishing a personal bond in the sum of Rs25,000/- with one surety in the like sum to the satisfaction of the arresting officer on the following conditions:-

(a) he shall make himself available for interrogation by the concerned police officer as and when so 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 or to any police officer;

(c) he shall not act in any manner which will be prejudicial to fair and expeditious trial;

(d) after filing of the charge sheet, he shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial;

(e) he shall not involve himself in any offence of similar nature in future.

Certified copy as per rules.