Rudra Pratap Singh v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 555 of 2019 Rudra Pratap Singh, S/o - Gokul Singh Rajput, Aged about - 22 years, R/o - Rajapara Champa, P.S. and Tahsil - Champa, District - Janjgir-Champa (C.G.) ---- Applicant

Versus

State of Chhattisgarh: Through The Station House Officer, Police Station - Sakti, District - Janjgir-Champa (C.G.) ---- Respondent --------------------------------------------------------------------------------------------- For Applicant : Shri Ravindra Sharma, Advocate.

For Complainant : Shri Vaibhav A. Goverdhan, Advocate.

For State/Respondent : Shri Afroj Khan, Panel Lawyer.

----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 15/05/2019

1. This is anticipatory bail application filed under Section 438 of the Cr.P.C. for releasing the applicant in the event of arrest in connection with Crime No. 131/2018 registered at Police StationSakti, District Janjgir-Champa (C.G.) for offence punishable under Section 363 and 366 of IPC, 1860 for kidnapping and abducting the minor girl from lawful guardianship of her parents.

2. The case of the prosecution is that the applicant has abducted the prosecutrix from lawful guardianship of her parents and thereby he committed the aforesaid offence.

3. Learned counsel for the applicant submits that the applicant is now married to the prosecutrix who is a major girl and father of the prosecutrix has moved an application before Superintendent of Police, Janjgir for withdrawing his complaint.

4. On the other hand, learned State counsel opposes the bail application.

5. Looking to the fact that the prosecutrix is now a major girl and married with the applicant, I am inclined to grant anticipatory bail to the applicant.

6. Accordingly, the anticipatory bail 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 by the officer arresting him on executing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the officer arresting him or the concerned Investigating Officer. The applicant shall also abide by the following conditions :- (i) He shall make himself available for interrogation before the investigating officer as and when required;

(ii) He shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the facts of the case so as to dissuade them from disclosing such facts to the Court or any police officer; (iii) He shall not leave India without the previous permission of the Court.

(iv) He shall not act in any manner which will be prejudicial to fair and expeditious trial; and (iv) In case of change of address, he will inform new address to investigating agency.

Sd/- (Ram Prasanna Sharma) Judge Vasant