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Judgment
Heard.
This is an application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicants, who are apprehending their arrest in connection with Crime No.21/2023 registered at Police Station Sakri, Bilaspur (CG) for the offence under Sections 147, 294, 323, 354 & 452 of the IPC.
Learned counsel for the applicants would submit that Shabar Ali R/o Shahdol made a proposal for marriage of his son with the daughter of Rahmat Ali R/o Bilaspur. Since the girl was minor, the family members of Rahmat Ali did not accept the proposal and refused the marriage. However, inspite of such refusal Safdar Ali, Sharafat Ali and Sikandar Khan were continuously creating pressure on the girl’s family. When the girl’s family refused for the marriage constantly, the aforesaid persons threatened to circulate the edited nude photograph of the girl in the community. One complaint in this regard has also been received before the community. Hence, on the advice of the senior members as also other members of the community, the present applicants and other persons, in total 7 members, had gone to the house of the complainant to call them in a community meeting and no such incident or quarrel took place. He submits that a false report has been lodged by the family members of the complainant. He would further submit that the wife of Rahmat Ali namely Kishwar Begum has also lodged an FIR on 8.2.2023 at Police Station Sarkanda vide FIR No.169/2023 for the offence under Section 509-B of the IPC against Safdar Ali, Sikandar Khan and Sharafat Ali for creating pressure of marriage of the minor girl and also with regard to uploading of the obscene photographs of her. Hence, considering the all the aspects of the matter, the applicants may be enlarged on anticipatory bail.
On the other hand, learned counsel for the State opposes the bail application. However, he submits that there is no criminal antecedents of the applicants.
Having considered the submissions of learned counsel for the parties as also considering the backdrop of the case particularly considering that there is no criminal antecedents of the applicants, I am of the opinion that the present is a fit case to extend the benefit of Section 438 of Cr.PC to the applicants.
Accordingly, the bail application is allowed and it is directed that in the event of arrest of the applicants, they shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the arresting officer on the following conditions:-
(a) they shall make themselves available for interrogation by the concerned police officer as and when so required,
(b) they 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 them from disclosing such fact to the Court or to any police officer,
(c) they shall not act in any manner which will be prejudicial to fair and expeditious trial,
(d) after filing of the charge sheet, they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial,
(e) they shall not involve themselves in any offence of similar nature in future.
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