Narayan Bai Verma v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 319 of 2019 • Narayan Bai Verma Wd/o Anand Mohan Verma, Aged About 60 Years, Occupation- House Wife, R/o F-853, Kailash Vihar, CSEB Colony West, Korba, District Korba Chhattisgarh., District : Korba, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh, through Station House Officer, Police StationAjak, District Korba Chhattisgarh., District : Korba, Chhattisgarh ---- Non-applicant For Applicant - Shri Shubham Tripathi, Advocate. For Non-applicant/State - Shri Adil Minhaj, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 12-03-2019 1.

Apprehending arrest in connection with Crime No.19/2018, registered at Police Station - Ajak, District Korba, Chhattisgarh for offence punishable under Section 376, 294, 506/34 of the IPC and Section 3(2)(5)A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the applicant has preferred this application for grant of anticipatory bail. 2.

It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in this case. No case is made out against this applicant. The only allegation against her is this, that she has signed as a witness in the agreement in which it was stated that the prosecutrix will be married to main accused Anil Verma and this agreement was not performed, which does not amount to commission of any offence. Therefore, it is prayed that the application may be allowed.

3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the case diary. 5.

According to the prosecution case, main accused Anil Verma allured the prosecutrix with false promise to marry her and exploited her sexually for about four years. When the prosecutrix insisted on marriage, other co-accused

-2persons and this applicant executed an agreement that the prosecutrix will be married to main accused Anil Verma within two months, but the promise was not fulfilled.

6.

Considering on the nature of allegation particularly against this applicant and also considering that other co-accused persons have been bail regular as well as anticipatory bail, I feel inclined to allow this application. 7.

Accordingly, the anticipatory bail application is allowed. It is directed that in the event of arrest of the applicant in connection with the aforesaid offence, she shall be released on bail by the officer arresting her on executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicant shall also abide by the following conditions :

(i) that the applicant shall make herself available for interrogation before the investigating officer as and when required; (ii) that the applicant 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 to any police officer;

(iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that the applicant shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil