Allowed

Smt. Anita Choudhary v. State of Chhattisgarh

Chhattisgarh HC19 Jul 2022MCRCA/508/2022

Case brief

AI extract

What is this about?

Single judge of Chhattisgarh High Court granted anticipatory bail to an accused woman falsely implicated in rape allegations, finding no necessity for custodial interrogation or apprehension of tampering with evidence, subject to standard bond conditions.

What did the court decide?

Released on anticipatory bail via personal bond with one surety for Rs. 25,000 each under specified conditions.

Smt. Anita Choudhary Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRCA No. 508 of 2022

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Smt. Anita Choudhary W/o Shri Balram Prasad, Aged About 35 Years, Cast Choudhary, R/o Ward No. 1 Bharatpur, Police Station Janakpur, Tahsil Bharatpur, District Koriya (C.G.) .

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---- Applicant

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Versus

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State Of Chhattisgarh, Through Police Station Janakpur, District Koriy a (C.G.).

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---- Non-Applicant/State

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For Applicant : Mr. Hemant Kumar Agrawal, Advocate For State : Ms. Richa Shukla, Dy. G.A.

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Hon'ble Justice Shri Sachin Singh Rajput Order on Board

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19/07/2022

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1. The applicant has preferred this First Bail Application under Section 438 of Cr.P.C. as she is apprehending her arrest in connection with Crime No. 5/2022 registered at Police Station Janakpur, District Koriya (C.G.) for the offence punishable under Sections 376(2)(n), 120-B, 342 & 368 of Indian Penal Code.

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1. Case of the prosecution, in brief, is that the prosecutrix reported the matter before the Police station that the applicant called the prosecutrix for eating egg at her home, when the prosecutrix reached house of the applicant, then main accused Rajkumar, brother of the applicant, raped the prosecutrix. After that the prosecutrix informed the applicant about aforesaid crime, on which the applicant assured her of getting her married with co-accused Rajkumar. After that on the pretext of marriage co-accused Rakumar raped her many times. The FIR was registered by the Police Station Janakpur, District Koriya (C.G.) and investigation is going on.

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1. Learned counsel for the applicant submits that the applicant is an

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Page 2 of 3 innocent person and has been falsely implicated in this case. He submits that the applicant is a lady and she has not committed the offence. The only allegation against the present applicant is that she told to the prosecutrix that she will convince her brother to marry with the prosecutrix. He submits that there is no apprehension of the applicant tampering with the evidence or absconding, no custodial interrogation of the applicant is required and conclusion of the trial is likely to take some time. He further submits that the applicant may be enlarged on anticipatory bail and she is ready and willing to comply with the conditions so imposed by this Court.

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1. On the other hand, learned counsel for the State submits that the investigation is going on and custodial interrogation of the present applicant is necessary to proceed further in the investigation. Therefore, the applicant is not entitled for the grant of anticipatory bail.

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1. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering the nature of allegation against the present applicant, and also considering the fact that applicant is a lady, according to the prosecution she has only assured the prosecutrix that she will convince her brother to marry the prosecutrix, no custodial interrogation of applicant is required, though the matter is under investigation, however, no apprehension is shown by the State Counsel of her absconding or tampering with or influencing the witnesses, without commenting anything on merits of the case, this Court is of the opinion that present is a fit case for granting anticipatory bail to the applicant. Accordingly, the application is allowed.

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1. It is directed that in the event of arrest of the applicant in connection with the aforesaid crime, she shall be released on bail by the Arresting Officer on her furnishing a personal bond for a sum of Rs. 25,000/- with one surety of Rs. 25,000/- to the satisfaction of the Arresting Officer. Applicant shall be released on bail on the following conditions:-

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Page 3 of 3

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i. she shall make herself available for interrogation before the Police as and when required,

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ii. 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 fact to the Court or to the Investigating Officer,

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iii. she shall not act in any manner which will be prejudicial to fair and expeditious trial,

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iv. she shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial and

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v. she shall not involve herself in any offence of similar nature in future.

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It is made clear that the above observations are only for deciding this bail application. Needless to state that the Trial Court shall decide the case on its own merits in accordance with law.

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The State as well as the victim are at liberty to file an application regarding cancellation of this bail application in the event of applicant involving herself in similar offence in future.

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-Sd/-

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(Sachin Singh Rajput ) Judge

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Chandrakant

Smt. Anita Choudhary v. State of Chhattisgarh

Case brief

What is this about?

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Smt. Anita Choudhary v. State of Chhattisgarh

Case brief

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