Ekta Sahu v. The State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1576 of 2018 • Ekta Sahu D/o Shri Girjashanker Sahu, Aged About 36 Years (Wrongly Mention As Girja Sonker), R/o Golbazar, Thana City Kotwali, District - Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• The State Of Chhattisgarh Through Police Station Mahila Thana, District - Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Non-applicant For Applicant - Shri Parag Kotecha, Advocate. For Non-applicant/State - Shri N.K. Mehta, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 11-12-2018 1.

Apprehending arrest in connection with Crime No.49/2018, registered at Police Station - Mahila Thana, District - Bilaspur, Chhattisgarh for offence punishable under Section 376, 376(f), 377, 313, 114, 506B, 323 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 against this applicant. The main accused in this case Pradeep Kumar Arya has been granted anticipatory bail by this Court vide order dated 06-10-2018 in MCRCA No.1234/2018 and vide extended order dated 19-11-2018 in MCRCA No.1462/2018, further, the applicant has a better case than that of the coaccused. Hence, it is prayed that the applicant may be benefited with grant of anticipatory bail.

3.

Learned counsel for the State/non-applicant opposes the application. 4.

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

The prosecutrix has made allegation that she was sexually exploited by the main accused Pradeep Kumar Arya, in which, this applicant was an abettor. Hence, this case.

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After considering on the entire material present in the case diary, 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, she shall be released on bail by the officer arresting her 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 herself 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 her by the said Court till disposal of the trial. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil