Anil Verma vs State Of Chhattisgarh

Since the above-captioned applications arise out of a common factual matrix and same crime number registered at same police station, this Court is disposing of the same by a common order.

These are the first bail applications filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No.58 of 2023 registered at Police Station - Sihava, District Dhamtari (C.G.) for the offence punishable under Sections 365, 370(3), 376(2)(n), 506, 34 of the Indian Penal Code.

Case of the prosecution, in brief, is that the present applicants and other co-accused persons abducted the prosecutrix and forcefully performed marriage of the victim with one accused Subhash Verma.

It has been argued by the learned counsel for the applicants that in the present case there are total 8 accused persons and at present two bail applications have been filed on behalf of 3 accused persons. He further argued that main allegation is against the co-accused Chinta Ram Korram, who lured the victim of this case and many other girls from different places after getting to know them were taken to Raipur for decoration, cooking, making packets and other works and thereafter used to get illegally married them by making deal of sale of Rs. one-one lakhs and 75 thousand. In the cases in hand, the victim was forcefully married with applicant Subhash Verma, son of applicant Prem Narayan Verma. He further submits that FIR has been lodged after one year of the incident and the applicants are in jail since 11.04.2023 and the trial will take quite some time to come to its conclusion, hence he prays that the applicants be enlarged on bail.

On the other hand, learned State counsel opposed the bail application and submitted that a missing report was lodged and upon enquiry, another Crime No. 30 of 2023 has been registered in the same Police Station and when the memorandum of the other co-accused persons have been recorded, it has come that same set of allegations are there in both the crime numbers. Girls were lured in the pretext of giving job and used to forcefully married the girls and in the present case, the victim was forcefully married with applicant Subhash Verma and the allegation against other applicants is that they are in relation with applicant Subhash Verma and the present applicants are not involved in the Crime No. 30 of 2023.

I have heard learned counsel for the parties and perused the case diary.

Considering the facts and circumstances of the case, particularly the fact that main allegation is against applicant Subhash verma, who has forcefully performed marriage with the victim, the aforesaid bail application of the applicant- Subhash Verma, involved in Crime No.58 of 2023 registered at Police Station - Sihava, District Dhamtari (C.G.) for the offence punishable under Sections 365, 370(3), 376(2) (n), 506, 34 of the Indian Penal Code, is rejected at this stage.

Further considering the fact that the allegation levelled against applicants Anil Verma and Prem Narayan Verma is that they are in relation with applicant Subhash Verma and they are in jail since 11.04.2023 and conclusion of trial may take some more time, this Court is the view that applicants Anil Verma and Prem Narayan Verma are entitled to be released on bail in these cases.

Let applicants, Anil Verma and Prem Narayan Verma be released on bail on their furnishing a personal bond with two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.

(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.

(iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicants is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law.

However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of eight months from the date of receipt of a certified copy of this order, if there is no legal impediment.

Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.