Uttam Lal Gupta vs State Of Chhattisgarh

Since the aforesaid two bail applications have been filed arising out of the same crime number, therefore, they are being disposed of by this common order.

These first anticipatory bail applications under Section 438 of the Code of Criminal Procedure have been filed by the applicants, who are apprehending their arrest in connection with Crime No.358/2022 registered at Police Station–Ramanujganj, District–Balrampur-Ramanujganj (CG) for the offence punishable under Sections 363, 366, 376(d), 506, 34 of the IPC and Sections 4 & 6 of the Protection of Child from Sexual Offences Act, 2012.

Case of the prosecution, in brief, is that a minor prosecutrix, aged about 17 years, had come to the house of her aunt (mousi) at village Bhanwarmal and on 01.10.2021 when she was going to watch Ramlila programme at Beechpara school she came into contact with applicant-Bajrang Yadav and thereafter both were in talking terms. On 25.10.2022 at about 10 p.m. when the prosecutrix went for natural call outside the house, applicant-Bajrang Yadav on the pretext of marriage allured her and took her near mahua tree and committed rape with her, at that time, other applicant-Uttam Lal Gupta also reached there, he also committed rape with the prosecutrix. Upon hearing hue and cry of the prosecutrix, Shivprasad, father of applicant-Bajrang Yadav and Smt.Anita, mother of applicant-Bajrang Yadav came there and started threatening to the prosecutrix that if she disclosed the incident to anyone, then they will kill their family members. Anyhow the prosecutrix rescued from clutches of the applicants and came to her aunt’s house at about 12 at night and narrated the incident. Thereafter, a written complaint was made by the prosecutrix on 28.10.2022 and on the basis of such written complaint, offence was registered at Police Station-Ramanujganj, Distt-Balrampur.

Learned counsel for the applicants submit that the applicants are innocent and they have been falsely implicated in crime in question. Sister of applicant-Bajrang Yadav had earlier lodged the FIR against Narendra Singh, son of Revti Singh, who is village Sarpanch and Amardeep vide FIR No.21/2021 under Section 366-A of the IPC on 24.01.2021 alleging that on 16.01.2021 they have abducted their daughter and subsequent FIR was registered for the incident took place on 28.11.2021 vide FIR No.68/2022, wherein it has been alleged that Narendra Singh, his father Nepal Singh, Rewti Singh and one Congress leader Abhishek Singh have facilitated the main accused Narendra Singh for abduction of minor prosecutrix and Narendra Singh committed rape with her. It was further alleged that applicant-Uttam Lal Gupta has helped to the family members of applicant-Bajrang Yadav for lodging the said FIR, so as a counter-blast, Narendra Singh and others planted the prosecutrix and lodged the instant FIR. They further submit that the instant FIR has been lodged belatedly and after the FIR, an inquiry committee has been constituted. By showing the said report which has been submitted by the office of the Additional Superintendent of Police, District-Balrampur-Ramanujganj to the Superintendent of Police, District-Balrampur-Ramanujganj learned counsel submit that serious infirmities have been found in the investigation and further, forwarded an opinion as the charge-sheet has already been filed to the Court on 24.12.2022 vide No.107/22, so it is proper to wait for the result of the Court. They also submit that the prosecutrix, who has lodged FIR against the present applicants, is presently residing in live-in-relation with Narendra Singh and submit that they are having certain photographs of the prosecutrix with Narendra Singh. So, considering all these aspects, the applications may be allowed and the applicants may be enlarged on anticipatory bail.

On the other hand, Mr.Jitendra Shukla, learned Panel Lawyer for the non-applicant/State, opposes the bail applications.

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

Considering the backdrop of the case, quality of evidence, further considering that FIR has been lodged belatedly, also considering the submissions put-forth by learned counsel for the applicants and further considering the subsequent inquiry conducted by Sushil Kumar Nayak, Additional Superintendent of Police, District-Balrampur-Ramanujganj and report submitted to the Superintendent of Police, District-Balrampur- Ramanujganj on 6.1.2023, without further commenting anything on merits, I am inclined to grant anticipatory bail to the Applicants.

Accordingly, the bail applications are allowed and it is directed that in the event of arrest of the applicants, on executing a personal bond for a sum of Rs. 25,000/- each with one surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:-

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

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

(d) the Applicants and the surety shall submit a copy of their adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court.

(e) they shall not involve themselves in any offence of similar nature in future.