Masat Yadav vs The State Of Chhattisgarh

Ramesh Sinha, J

This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.129/2024 registered at Police Station Banki Mongra (C.G.) for the offence punishable under Section 376(2)(n) and 384 of the IPC.

Prosecution case in brief is that an FIR has been lodged against the applicant alleging therein that the applicant had forcibly made physical relation multiple times with the complainant by blackmailing her continuously till night of 24.10.2023, as accused had certain objectionable contents with regard to victim which he proposed to be widely circulated if victim refused to accept the demand of physical relationship, thereafter, the offence has been registered against the present applicant under Section 376(2)(n) and 384 of IPC.

Learned counsel for the applicant would submit that the applicant is innocent and has been falsely been implicated in the present case. He further submits that the applicant resides in Balgi Basti with their family and has been acquainted with Santram Markam, his wife, and their two daughters for many years. The families frequently visit each other's homes. In December 2023, the complainant visited the applicant's residence, seeking assistance. She had taken a Rs.50,000 loan through Mahila Samiti's BC scheme and was being pressured to repay. Fearful of her husband's reaction, she requested the applicant's help. To settle her debt, she offered her gold earrings as security in exchange for Rs.50,000. She needed financial assistance for 3-4 months for which she is ready to pay additional interest. He also submits that the applicant refused to pay the money, Santram Markam, through his wife, has filed a false complaint against the applicant and by giving false information to the Police Station Bankimogra, a conspiracy is being hatched to implicate the applicant in false case, further the applicant has no criminal antecedent, hence he prays for grant of anticipatory bail to the applicant.

On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the accused, who performs exorcism (jhad-phuk), had known the victim and her husband for four years and he frequently visits their home for exorcism rituals and had forcibly made physical relation multiple times with the complainant by blackmailing her continuously, therefore, the applicant is not entitled for grant of anticipatory bail.

I have heard learned counsel for the parties and perused the case diary.

Considering the facts & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and material available in case diary, thought the allegation against the applicant is that he had known the victim and her husband for four years and had forcibly made physical relations multiple times with the victim by blackmailing her continuously, but victim is a married woman and she was the consenting party, further the applicant has no criminal antecedent, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant.

Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Masat Yadav, 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) 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.

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

(c) He 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) He shall not involve himself in any offence of similar nature in future.