Deepak Lalwani v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 894 of 2019 • Deepak Lalwani (wrongly mentioned in the impugned order and police case diary as Shubham Lalwani) S/o Shri Mahesh Lalwani, Aged About 22 Years, R/o Lalbag, Sindhi Colony, Gali, No.7, Police Station Basantpur, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Sarkanda, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Non-applicant For Applicant - Shri Sudhir Kumar Bajpai, Advocate. For Non-applicant/State - Shri Lav Sharma, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 21-06-2019 1.

Apprehending arrest in connection with Crime No.430/2019, registered at Police Station - Sarkanda, District Bilaspur, Chhattisgarh for offence punishable under Section 376, 506 of the IPC, the applicant has preferred this application for grant of anticipatory bail.

2.

It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in this case. No case is made out. The applicant is a young man of just 22 yeas, whereas, the prosecutrix is a mature woman of 32 years of age and she is divorcee. The prosecution case is improbable and unbelievable. In fact, there had been some dispute regarding financial transactions. The prosecutrix borrowed some money and when the applicant was pressurizing for returning the borrowed money she has lodged this false FIR against him. The FIR itself is belated by almost more than 10 months. The prosecutrix is habitual in making such complaints for extorting money. Therefore, it is prayed that the application for grant of anticipatory bail may be allowed.

-23.

Learned counsel for the State/non-applicant opposes the application and submits that according to the statement made by the prosecutrix to the police and before the JMFC, no case is made out for grant of anticipatory bail. 4.

Heard learned counsel for the parties and perused the case diary. 5.

According to the FIR lodged, the applicant and the prosecutrix met sometime in the year 2018 and fell in love with each other and thereafter in the month of July 2018 without consent and willingness of the prosecutrix the applicant had physical relation with her by use of force and by promising that he will marry her, which continued for some time and thereafter the applicant borrowed some money from the prosecutrix and which he has not returned her because of which the dispute arose. Consequently, the FIR was lodged on 0205-2019 in this case. 6.

On perusal of contents of the case diary, it appears that it is a case of mixed facts regarding some transaction as well as sexual offence. The probability of the allegation made against the applicant needs detail examination and also considering the age difference between the applicant and the prosecutrix and after overall consideration, I feel inclined to allow this application.

7.

Accordingly, the anticipatory bail application is allowed. 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

-3facts 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. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil