Vivek Tandon v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 528 of 2021 • Vivek Tandon S/o Rajendra Kumar Tandon Aged About 30 Years R/o Village Kaudiya, Police Station Palari, District Baloda Bazar Bhatapara Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Of Police Station Palari, District Baloda Bazar Bhatapara Chhattisgarh ---- Respondent For Applicant : Shri T.K.Jha, Advocate For Respondent/State : Shri B.P.Banjare, Dy.GA For Respondent/Objector : Shri Yogesh Chandra, Advocate Hon'ble Smt. Justice Rajani Dubey Order On Board By Virtual Hearing 16/06/2021 This is an application filed under Section 438 of the Code of Criminal procedure for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No. 123/2021 registered at Police Station Palari, district Baloda Bazar (CG) for the offence punishable under Section 376 IPC.

Case of the prosecution in brief is that report was lodged by the complainant alleging that since ten years, she was having love affair with the applicant and on the pretext of marriage, they developed physical relations and later on, he denied to marry her.

Contention of the counsel for the applicant is that the applicant has been falsely implicated in the present case. He further submits that the applicant and the prosecutirx were having love affair. He also submits that the prosecutrix was major and a consenting party. He submits that in the present circumstances of the pandemic Covid-19, the investigation will take time and therefore he may be granted bail. On the other hand, learned counsel for the State as well as objector opposes the bail application.

Having heard counsel for the parties and considering the totality of the facts, in particular, the nature of allegations against the applicant, this Court is of the view that it is a fit case to grant anticipatory bail to the applicant. Accordingly, the 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 on his executing a personal bond in sum of Rs. 25,000/- with one surety to the satisfaction of the concerned arresting/investigating officer or the court concerned, as the case may be, with the following terms and conditions:

(i) that the applicant shall make himself available for interrogation/ medical examination before the concerned 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 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 him by the said Court till disposal of the trial. Sd/- (Rajani Dubey) Judge suguna