Rakhi Thakur And Others v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 582 of 2021

1. Rakhi Thakur D/o Shri Girdhar Singh Thakur Aged About 23 Years R/o Gol Chowk, Rohinipuram, P/s D.D. Nagar, Tehsil And District Raipur Chhattisgarh.

2. Pinki Thakur D/o Shri Girdhar Singh Aged About 24 Years R/o Gol Chowk, Rohinipuram, P/s D.D. Nagar, Tehsil And District Raipur Chhattisgarh.

3. Bhawna Thakur D/o Shri Suresh Singh Thakur Aged About 16 Years Through Next Kin Cosuin Sister Rakhi Thakur, R/o Gol Chowk, Rohinipuram, P/s D.D. Nagar, Tehsil And District Raipur Chhattisgarh.

---- Applicants

Versus

• State of Chhattisgarh acting Through S.H.O. Police StationMaudahapara Raipur District Raipur Chhattisgarh ---- Respondent For Applicants : Mr. L. K. Mishra, Adv.

For Respondent/State : Mr. Vimlesh Bajpai, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 23.06.2021

1. Proceeding through video conferencing.

2. Heard.

3. Admit.

4. This application under Section 438 of the Code of Criminal Procedure has been filed by the applicants who are apprehending their arrest in connection with Crime No. 25/2021 registered at Police Station- Maudahapara, District Raipur (C.G.) for commission of the offence punishable under Section 294, 456, 506, 34 of the IPC.

5. As per the prosecution case, the allegation against the present applicants is that they along with other co-accused person had broken the lock of the premises of complainant rented by the applicants. It is further alleged that the applicants have hurled abuses and intimidated the complainant.

6. Learned counsel for the applicants submit that the applicants are innocent and have been falsely implicated in this case. Learned counsel for the applicants further submitted that the date of alleged incident is 08.07.2020, whereas the FIR has been lodged after an inordinate delay of 07 months which shows that a concocted story has been cooked against the present applicants. The applicants are girls and there is no previous antecedent against them, therefore, the present applicants may be granted anticipatory bail.

7. On the other hand, counsel for the State opposes the application for anticipatory bail.

8. After hearing counsel for the parties and considering the facts and circumstances of the case, this Court is of the considered opinion that it is a fit case to grant anticipatory bail to the applicants. Accordingly, the application is allowed.

9. It is directed that in the event of arrest of the applicants in connection with aforesaid crime number, they shall be released on bail on their furnishing a personal bond in the sum of Rs. 25,000/- each, with one surety for the like sum to the satisfaction of the concerned arresting/ investigating ofÏcer or the Court concerned, as the case may be, with the following terms and conditions:

(i) that the applicants shall make themselves available for interrogation before the concerned investigating ofÏcer as and when required.

(ii) that the applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts or the case as to dissuade him/her from disclosing such facts to the Court or to any police ofÏcer; (iii) that the applicants shall not act in any manner which will be prejudicial to fair and expeditious trial; and (iv) that the applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.

Sd/- (Rajani Dubey) Judge V/-