Shrawan Kumar And Anr. vs State

The Applicant is apprehending his arrest in connection with Crime No.75 of 2017 registered at Police Station Raghunath Nagar, District Balrampur

â€" Ramanujganj for the offence punishable under Sections 294, 506, 354, 456 of the Indian Penal Code.

Facts of the case are that on 2.9.2017, the prosecutrix lodged a report alleging that on 14.7.2017 at about 8:00 p.m., the Applicant entered her house

and with an intent to humiliate her caught her hands. On being shouted by her, nearby residents gathered there. The Applicant abused and threatened

her of life. On the basis of her report, the aforestated crime for the offence punishable under Sections 294, 506, 354, 456 of the Indian Penal Code

was registered.

Learned Counsel appearing for the Applicant submits that the Applicant is innocent. He has been falsely implicated in the case due to enmity. He

has not committed the alleged offence. The FIR was lodged after 1 month and 18 days of the alleged incident. No proper explanation has been given

for delay in lodging the FIR.

On the other hand, Learned Counsel appearing for the State opposes the prayer for grant of bail to the Applicant.

I have heard Learned Counsel appearing for the parties and perused the material available with due care.

As per the prosecution story, the incident took place on 14.7.2017 at about 8:00 p.m. and the FIR was lodged on 2.9.2017. With regard to delay in

lodging the FIR, it has been explained by the prosecutrix that she lodged the FIR belatedly because of the threat given by the Applicant and she lodged

the same when she got support of her family members. Without further commenting on merits of the case, I am inclined to extend benefit of

anticipatory bail to the Applicant.

Accordingly, the bail application is allowed.

It is directed that in the event of arrest of the Applicant in connection with the aforesaid offence, he shall be released on anticipatory bail on

furnishing a personal bond in the sum of Rs.10,000/- with one solvent surety for the like sum to the satisfaction of the Arresting Officer/Presiding

Officer of the concerned Trial Court. He shall also abide by all the following terms and conditions:

(i) 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,

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

(iii) He shall appear before the Trial Court on each and every date given to him by the said Court till disposal of the trial.