Rajendra Prasad Gupta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 532 of 2021 • Rajendra Prasad Gupta S/o Late Sudaman Sao Aged About 56 Years R/o Pasta, Police Station Pasta, District Balrampur Ramanujganj Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Pasta, District Balrampur Ramanujganj Chhattisgarh ---- Respondent For Applicant : Shri Gautam Khetrapal, Advocate For Respondent/State : Shri Vimlesh Bajpai, GA Hon'ble Smt. Justice Rajani Dubey Order On Board By Virtual Hearing 14/06/2021 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.20/2021 registered at Police Station Pasta, District Balrampur, Ramanujganj (CG) for the offence punishable under Sections 450,376 and 506 IPC. Case of the prosecution in brief is that on 10.03.2021, report was lodged by the prosecutrix alleging that when she was living with her children at village Pasta in a rental house, appellant came and asked water for drinking and when she went to bring water, he

followed her, caught her hand and after threatening her, forcibly committed rape on 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 is major and on account of some family dispute, a false case has been lodged against the applicant. 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 opposes the bail application.

Having heard counsel for the parties and considering the totality of the facts, in particular, the fact that there are general 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