High CourtsSingle Bench

Rakhi Thakur vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 23 June 2021 · Citation: (2021) 06 CHH CK 0050

HON’BLE JUDGES
Rajani Dubey, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 294, 456, 506 · Code Of Criminal Procedure, 1973 — Section 438
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case (Anticipatory Bail) No. 582 Of 2021
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Judgment

23 paragraphs · 422 words
1.

Proceeding through video conferencing.

2.

Heard.

3.

Admit.

4.

This application under Section 438 of the Code of Criminal Procedure has been filed by the applicants who are apprehending their arrest in

connection with Crime No. 25/2021 registered at Police Station- Maudahapara, District Raipur (C.G.) for commission of the offence punishable under

Section 294, 456, 506, 34 of the IPC.

5.

As per the prosecution case, the allegation against the present applicants is that they along with other co-accused person had broken the lock of the

premises of complainant rented by the applicants. It is further alleged that the applicants have hurled abuses and intimidated the complainant.

6.

Learned counsel for the applicants submit that the applicants are innocent and have been falsely implicated in this case. Learned counsel for the

applicants further submitted that the date of alleged incident is 08.07.2020, whereas the FIR has been lodged after an inordinate delay of 07 months

which shows that a concocted story has been cooked against the present applicants. The applicants are girls and there is no previous antecedent

against them, therefore, the present applicants may be granted anticipatory bail.

7.

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

8.

After hearing counsel for the parties and considering the facts and circumstances of the case, this Court is of the considered opinion that it is a fit

case to grant anticipatory bail to the applicants. Accordingly, the application is allowed.

9.

It is directed that in the event of arrest of the applicants in connection with aforesaid crime number, they shall be released on bail on their furnishing

a personal bond in the sum of Rs. 25,000/- each, with one surety for the like sum to the satisfaction of the concerned arresting/ investigating officer or

the Court concerned, as the case may be, with the following terms and conditions:

(i) that the applicants shall make themselves available for interrogation before the concerned investigating officer as and when required.

(ii) that the applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts or the case as to

dissuade him/her from disclosing such facts to the Court or to any police officer;

(iii) that the applicants shall not act in any manner which will be prejudicial to fair and expeditious trial; and

(iv) that the applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.