Nakul Kumar Rajwade v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Nakul Kumar Rajwade S/o Late Shivnath Rajwade Aged About 57 Years R/o LIG 112 Pandit Ravishankar Shukla Nagar, Korba, District Korba Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Ajak Korba, District Korba Chhattisgarh.

---- Respondent For Applicant :- Mr. Sumit Singh, Advocate For Respondent-State :- Mr. K.K. Singh, G.A.

Proceedings through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 14/07/2020

1. The applicant has preferred this application for grant of anticipatory bail, as he apprehends his arrest in connection with Crime No.19/2019, registered at P.S. Ajak Korba, District Korba C.G. for offence punishable under Section 354(a) of the I.P.C., Section 10 of the Protection of Children from Sexual Offences Act, 2012 & Section 3(1)(ब), 3(2)(ब)(ए) of the Scheduled Castes and Scheduled Tribes (Prevention

of Atrocities) Act, 1989.

2. Applicant has allegedly outraged the modesty of the prosecutrix who belongs to Scheduled Tribes community. At a subsequent point of time the prosecutrix has filed an affidavit before the concerned Police stating that she has already settled the matter, therefore, no further action be taken in the matter.

3. The affidavit was sent for verification by the concerned Police. A report has been submitted by the concerned Police vide annexure D-1 to the application filed by the State on 29.06.2020 that the prosecutrix has in fact submitted an affidavit stating that she has settled the dispute. It appears that applicant is working as a lecturer in a school where the prosecutrix was studying.

4. Learned State Counsel would oppose the prayer for grant of bail.

5. Considering that the applicant has already been allowed interim bail on 19.05.2020 and upon verification, the fact of settlement has been found correct by the concerned Police, this Court is inclined to extend the benefit of anticipatory bail.

6. Accordingly, the application is allowed and it is directed that in the event of arrest of the applicant, he shall be released on anticipatory bail on his 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) he shall make himself available for interrogation by a police officer as and when required;

(ii) he 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.

(iii) the applicant shall not influence the witnesses during pendency of the trial.

SD/- (Prashant Kumar Mishra) Judge Ayushi