Sanjeev Pradhan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C.(A). No. 1199 of 2015

1. Sanjeev Pradhan, S/o. Shri Pyarelal Pradhan, aged about 24 years, R/o. Village- Kunjara, Tahsil & P.S. Lailunga, District - Raigarh, Civil and Revenue District - Raigarh (C.G.) ----Applicant

Versus

1. State of Chhattisgarh, Through : Police Station-Tamnar, District - Raigarh (C.G.) ---- Respondent For Applicant : Mr. Manoj K. Sinha, Advocate For Respondent/State : Mr. Anant Bajpai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 01/02/2016 1.

Apprehending arrest in connection with Crime No.202/2015 registered at Police Station- Tamnar, District - Raigarh (C.G.), for offence punishable under Section 366, 376, 493 of the Indian Penal Code, the applicant has preferred this application for grant of anticipatory bail.

2.

As per the prosecution case, the applicant abducted the prosecutrix and committed sexual intercourse with her against her will. 3.

Learned counsel for the applicant would submit that the applicant has performed marriage with the prosecutrix and since they were in love relation, they are living together. The counsel placed his reliance on the copy of the affidavit sworn by the prosecutrix, which is placed on record, wherein she has stated that she has performed marriage with the applicant and are living together since 16.09.2015, therefore, the counsel prays that , the applicant may be extended the benefit of anticipatory bail.

4.

The State counsel was directed to verify about the authenticity of the copy of the affidavit and the State has come out with the

enquiry, wherein it is stated that the marriage has been performed and the copy of the marriage certificate is also placed on record. 5.

Taking into the facts and circumstances of the case and further taking into the statement of the prosecutrix, this Court is inclined to extend the benefit of 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 concerned Investigating Officer. The applicant shall also abide by the following conditions :

(i) that the applicant shall make himself available for interrogation before the 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 so 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.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram