Bhupendra Kumar Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 738 of 2021 • Bhupendra Kumar Yadav S/o Late Rampravesh Yadav Aged About 36 Years Occupation Job, R/o Vivekanand Colony, Quarter No. 1001, Charcha Colory, Charcha, P. S. Charcha, Tehsil Baikunthpur District Koriya Chhattisgarh ---- Applicant

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• State Of Chhattisgarh Through Station Incharge, P. S. Surajpur District Surajpur Chhattisgarh ---- Respondent For Applicant : Ms.Aditi Singhvi, Advocate For Respondent/State : Shri B.P.Banjare, Dy.GA Hon'ble Smt. Justice Rajani Dubey Order On Board By Virtual Hearing 30/06/2021 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. 198/2021 registered at Police Station Surajpur, district Surjapur (CG) for the offence punishable under Section 376 (2)(n) IPC. Case of the prosecution in brief is that report was lodged by the complainant alleging that the applicant forcefully entered her house and subjected her to rape on the pretext of marriage. It is stated that since the year 2017 they developed physical relation and one child was

born. Later on, she came to know that the applicant was married. Contention of the counsel for the applicant is that the applicant has been falsely implicated in the present case. He submits that the complainant was major and a consenting party. Lastly, 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 nature of allegation 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