Digvijay Rajput And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 316 of 2020

1. Digvijay Rajput S/o Chatrapal Rajput Aged About 24 Years

2. Manish Rajput S/o Tilak Rajput Aged About 25 Years Both are R/o Village Sardha, Tehsil And P. S. Lormi, District Mungeli Chhattisgarh ---- Applicants

Versus

1. State Of Chhattisgarh Through The Station House Officer, Of P. S. Lormi, District Mungeli Chhattisgarh ---- Respondent For Applicant Mr. Pallav Mishra, Advocate For Respondent /State Mr. Siddharh Dubey, Dy. Govt. Adv.

Proceedings through Video Conferencing Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 18/6/2020

1. The applicants have preferred this application for grant of anticipatory bail, as they apprehend their arrest in connection with Crime No.48/2020, registered at Police Station Lormi, Mungeli, for offence punishable under Sections 354D (2) of the Indian Penal Code and Section 3(1)(w)(i)(ii) (as provided in the Act) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. Applicants were involved in stalking the prosecutrix when she was moving on a bicycle proceeding to her school at that time the applicants were in a car and asked the prosecutrix to board their car.

3. There are documents filed by the applicants that the mother of the prosecutrix was contesting the election for the post of Sarpanch of Gram Panchayat, Sardha held on 3-2-2020 and was defeated. It is argued that the father of the applicant No.1, resident of same village, is a lawyer and had opposed the election of the mother of the prosecutrix, therefore, the instant false report has been lodged.

4. Learned State Counsel would oppose the prayer for grant of bail.

5. Considering the background in which the incident has taken place the possibility of false implication is not ruled out and particularly considering all relevant aspects of the matter, this Court is inclined to release the applicant on anticipatory bail.

6. Accordingly, the application is allowed and it is directed that in the event of arrest of the applicants, they shall be released on anticipatory bail on each of them executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like sum to the satisfaction of the arresting officer with the following conditions:- (a) they shall make themselves available for interrogation by a police officer as and when required;

(b) they 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 from disclosing such facts to the Court or to any police officer.

Sd/- (Prashant Kumar Mishra) Judge Gowri