Order on Board

19-3-2024

1. The applicant has preferred this bail application under Section 438 of the Cr.P.C. for grant of anticipatory bail as he apprehends his arrest in connection with Crime No. 11/2024 registered at Police Station Berla, Distt. Bemetara (CG) for the offence punishable under Section 450, 376 and 506 of IPC.

2. Brief facts of the case are that, one year prior, when complainant was alone in her house, applicant went there and forcibly rapped her. He also threatened her to kill if she discloses about the incident to others. It is further alleged that, thereafter, applicant many times made physical relation with her. Based on above facts, present crime has been registered against applicant.

3. Learned counsel for the applicant submits that applicant is Sarpanch of Gram Panchayat, Boriya. As the complainant was old aged lady aged about 60 years and she has no other family member, therefore, applicant had permitted her to get shelter in Samudayik Bhawan in rainy season. Subsequently, she was removed from Samudayik Bhawan. Therefore, complainant/victim, who is his sister, keeps enmity with him. It is further submitted that, prior to instant case, complainant has lodged 3 FIRs bearing Crime No. 26/2017 for offence under Section 456 and 354 of IPC against one person, Crime No. 311/2020 for offence under Section 294, 506, 34 of IPC against 2 persons, and Crime No. 114/2022 under Section 294, 452, 506, 34 of the IPC against 4 persons. Thus, complainant herself is a quarrelsome lady. It is first offence of the applicant, there is long delay of one year in lodging the FIR. Hence considering complainant’s conduct, the applicant may be given benefit of anticipatory bail.

4. On the other hand, learned State counsel submits that considering the nature and gravity of the offence, anticipatory bail may not be granted to the applicant.

5. I have heard learned counsel for the parties and perused the material available on record.

6. Considering the facts and circumstances of the case, particularly considering the fact that, earlier the complainant has lodged 3 FIRs against different persons, further considering the delay in lodging of the FIR and the contention put-forth by learned counsel for the parties, I feel inclined to allow the application for grant of anticipatory bail to the applicant.

7. Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the officer arresting him on executing a personal bond in a sum of Rs. 50,000/- with one surety of the like amount to the satisfaction of the officer arresting him or the concerned investigating officer. The applicant shall also abide by the following conditions:-

(i) that he shall make himself available for interrogation before the 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 the case so as to dissuade him/her from disclosing such facts to the Court or 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;

(v) that in case of change of address he will inform new address to investigating agency.

Certified copy as per rules.