High Court Of ChhattisgarhMCRCA/1761/2020allowed

Parwati Joshi v. The State Of Chhattisgarh

2021-03-04Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRCA No. 1761 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1761 of 2020

1. Parwati Joshi, W/o Radhelal Joshi (Wrongly mentioned as D/o), aged about 45 years, R/o Indira Colony, Baloda Bazar, Thana City Kotwali, District Baloda Bazar (CG) ---- Applicant

Versus

The State Of Chhattisgarh Through Police Station City Kotwali, District Baloda Bazar (CG) ---- Non-Applicant For Applicant : Shri Samir Singh, Advocate.

For Non-Applicant : Miss Akshara Amit, Panel Lawyer. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 04/03/2021 :

1. The applicant has preferred this application for grant of anticipatory bail as she apprehends her arrest in connection with Crime No.756/2020, registered at Police Station City Kotwali, District Baloda Bazar for offence punishable under Section 363, 366 & 376 of the IPC and Section 4 & 6 of the Protection of Children from Sexual Offences Act, 2012.

2. The applicant is the mother of main accused Dinesh Joshi, who abducted the prosecutrix aged about 17 years 10 months and committed forcible sexual intercourse.

3. As against the present applicant, the allegation is of giving shelter to her son (main accused) and the prosecutrix, who is minor and that she asked her to switch off her mobile phone and later on they were sent to her (applicant's) married daughter's house at different village.

4. Considering the nature of allegations against the present applicant, I am

MCRCA No. 1761 of 2020 inclined to extend the benefit of anticipatory bail to the applicant.

5. Accordingly, the Application is allowed and it is directed that in the event of arrest of the applicant, she shall be released on anticipatory bail on her executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the arresting officer with the following conditions:- (i) she shall not influence the witnesses during trial. (ii) she shall make herself available for interrogation by a police officer as and when required;

(iii) she 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 from disclosing such facts to the Court or to any police officer.

Sd/- Judge (Prashant Kumar Mishra) Barve