Upendra Kumar Rathore vs State Of Chhattisgarh

The applicant has preferred this first bail application under Section 438 of Cr.P.C., as he is apprehending his arrest in connection with Crime No.324/2022, registered at Police Station Bhilai Nagar, District Durg (C.G.) for the offence punishable under Section 376 (2) (n) of IPC.

The prosecution story, in brief, is that the applicant committed sexual intercourse with the prosecutrix on the pretext of marriage but later on refused to marry her. Thereafter, a case was registered against the applicant for the aforesaid offence.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. There is a delay of 6 years in lodging the FIR. Apart from it, the prosecutrix is a major lady, aged about 29 years and with a deliberate intention, she has lodged the false report against the applicant. Therefore, the applicant may kindly be granted anticipatory bail.

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

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

Having considered the facts and circumstances of the case and having considered the submission made by the parties, nature of allegation, without commenting anything on the merits of the case, the present is considered to be a fit case to release the applicant on anticipatory bail. Accordingly, the bail application is allowed.

It is directed that in the event of arrest of applicant in connection with crime in question, he shall be released on anticipatory bail by the officer arresting him on his executing a personal bond in the sum of Rs.25,000/- with one local surety of the like amount to the satisfaction of the Arresting Officer with following conditions :

(i) that he shall make himself available for interrogation before Investigating Officer as and when required;

(ii) that he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of case so as to dissuade him /her from disclosing such facts to the Court or to any police officer;

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

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