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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRCA No. 269 of 2022

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Manoj Yadav S/o Late Kanhaiyalal Yadav Aged About 47 Years

R/o Vill. Kochwahi, P.S. - Gurur, Dist. - Balod C.G.

---- Applicant

Versus

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

---- Respondent

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For Applicant

: Shri Mohd. Sultan Ahmed, Advocate

For respondent/State : Shri Priyanshu Gupta, Panel Lawyer

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Hon'ble Shri Justice

N.K. Chandravanshi

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.

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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

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registered against the applicant and his son for kidnapping and

committing rape upon the