NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 269 of 2022 • Manoj Yadav S/o Late Kanhaiyalal Yadav Aged About 47 Years R/o Vill. Kochwahi, P.S. - Gurur, Dist. - Balod C.G.

---- Applicant Versus • State Of Chhattisgarh Through - P.S. - Gurur, Dist. - Balod C.G.

---- Respondent ---------------------------------------------------------------------------------------

For Applicant : Shri Mohd. Sultan Ahmed, Advocate For respondent/State : Shri Priyanshu Gupta, Panel Lawyer ---------------------------------------------------------------------------------------

Hon'ble Shri Justice N.K. Chandravansh i

Order On Board

06.7.2022

1. The applicant has preferred this bail application under Section 438 of the Code of Criminal Procedure, 1973 (for short ‘the CrPC’) for grant of anticipatory bail as he apprehends his arrest in connection with Crime No.16/2022 registered at Police Station Gurur Distt. Balod (CG) for the offence punishable under Sections 354, 376(2)(n), 377, 34 of the Indian Penal Code.

2. Case of the prosecution in brief is that on 16.01.2022 victim/prosecutrix made written complaint to Station House Officer, Gurur, Distt. Balod that the applicant, his wife and son took her to their house on their own protection under superdnama. They kept her well for few days and thereafter son of present applicant forcefully made physical relationship with her and also committed unnatural intercourse with her by threatening. It is also alleged that present applicant also molested her by touching her private parts. Based on the above facts, present crime under Sections 354, 376(2)(n), 377/34 of the IPC has been registered against the applicant and other accused persons.

3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. It is further submitted that earlier the prosecutrix had eloped with son of present applicant and at that time also FIR (Crime No.301/2020) under Sections 363, 366, 376 & 368 of IPC and Section 06 of the Protection of Children from Sexual Offences Act, 2012 has been registered against the applicant, his wife and son Abhishek. In that case, charge sheet has already been filed against them. It is further submitted that after grant of bail to the son of the present applicant, he came to their house, thereafter the prosecutrix also came to the house of the applicant. Then the applicant and his wife took her to Police Station Gurur. Since the prosecutrix was not ready to go with her parents, her statement was recorded before Executive Magistrate (SDM), Gurur on 12.02.2021. Thereafter she was sent to Sakhi Centre, Balod and officers of Sakhi Centre also advised her to go to her parental house, but she was not ready to go and also threatened that if she is not permitted to live with Abhishek (son of present applicant), she would commit suicide. It is further submitted that at the time of the incident, the prosecutrix was not minor and being influential person, her father has manipulated the birth year of the prosecutrix in her mark sheet, but same could not have been done in the mark sheet of Class-X of the prosecutrix, wherein her date of birth is mentioned as 28.01.2002. It is further submitted that statement of the prosecutrix under Section 164 of the CrPC was recorded in the earlier case pertaining to Crime No.301/2020 (Criminal Case No.28/2020), wherein, she has not stated anything against the applicant, but after residing about 04 months, she again falsely lodged FIR against the applicant, his wife and son. Hence, it is prayed that the applicant may be granted the benefit of anticipatory bail.

4. On the other hand, learned counsel for the State while opposing the bail application submitted that two cases have been registered against the applicant and his son for kidnapping and committing rape upon the prosecutrix, who is minor, hence, present applicant is not entitled for grant of anticipatory bail.

5. Victim/prosecutrix and her father appeared before this C