Mohammad Sayyub Khan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 293 of 2021 Mohammad Sayyub Khan S/o Mohammad Kadir Khan, Aged About 28 Years, R/o Pendridih, P. S. Hirri, District Bilspur Chhattisgarh.

---- Applicant

Versus

State of Chhattisgarh through the Police Station Sirgitti, District Bilaspur Chhattisgarh.

---- Non-applicant ------------------------------------------------------------------------------------------- For Applicant : Shri Ritesh Verma, Advocate For Non-applicant/State : Shri Hari Om Rai, P.L. ------------------------------------------------------------------------------------------- Hon'ble Shri Justice Parth Prateem Sahu Order on Board 05/04/2021 1.

The applicant has preferred this first bail application under Section 438 of the Cr.P.C. for grant of anticipatory bail, as he is apprehended his arrest in connection with Crime No.49/2021 registered at Police Station Sirgitti, Bilaspur, for offence punishable under Sections 376, 376(2) (n) of IPC. 2.

Case of the prosecution in brief, is that, complainant came in contact with the applicant on 28/06/2019 and thereafter, on the pretext of marriage, applicant took her and resided separately at Tifra where applicant has made physical relationship with complainant continuously and stated himself as husband of complainant. After sometime, applicant left the complainant on the ground that parents are not ready to accept her as his wife and

thereafter, complainant lodged First Information Report on 25/08/2021, based on which, aforementioned offence has been registered against the applicant.

3.

Shri Ritesh Verma, learned counsel for the applicant submits that there is inordinate delay in lodging First Information Report and prosecutrix is consenting party. He further argued that prosecutrix herself submitted an affidavit before the Court below wherein she had stated that she has lodged false complaint against the applicant, hence, present applicant is entitled for anticipatory bail. 4.

Per contra, Shri Hari Om Rai, P.L. for the State vehemently opposes the bail application and submits that applicant after lodging of First Information Report is threatening the complainant through others. He submits that after the date of execution of affidavit on 02/02/2021, complainant again lodged a complaint on 14/02/2021 making allegation of giving threat through Sajid Khan and not to make statement against him. He further contended that on 15/02/2021, statement of the prosecutrix under Section 164 of Cr.P.C. was also recorded wherein the prosecutrix has levelled similar allegation against the applicant, hence, looking to the conduct of applicant, he is not entitled for anticipatory bail. 5.

I have heard learned counsel for the parties. 6.

Taking into consideration the affidavit which was executed by the prosecutrix on 02/02/2021 and lodging of a report by the prosecutrix on 14/02/2021 before the concerned Police Station of threat and further taking into consideration the subsequent report lodged by the prosecutrix as also the allegation of threat levelled

against the applicant in her statement under Section 164 of the Cr.P.C, I do not find it a fit case to release the applicant on anticipatory bail.

7.

Accordingly, anticipatory bail application is dismissed. Sd/- (Parth Prateem Sahu) Judge Yogesh