DINESH GHORE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicant is apprehending his arrest in connection with Crime No. 337/2022, registered at Police Station " Civil Lines, Bilaspur, District Bilaspur (CG) for the offence punishable under sec. 364-A IPC.

(2.) Case of the prosecution, in brief, is that on 31/3/2022 at 10:00 AM the complainant namely Rishabh Shrivastava filed a complaint at Police Station Civil Lines, Bilaspur stating that he is private contractor and that at 6:30 PM he was alone in the house and his mother had gone for some work. At that time, co-accused Nisha Thakur R/o Uslapur along with Shubendu Sikdar, the applicant herein, Dharmendra Das and others came to his house in car and motorcycle. It is alleged that Nisha Thakur asked the complainant as to where his mother was, and after coming to know that she was not in the house, these persons jostled them aside, entered his house despite protest made by the complainant, started searching for his mother and when she was not found, they came out of the house and asked the complainant to contact his mother on phone or take them to her. It is alleged that when the complainant asked for the reason, co-accused Nisha Thakur told him that against his mother, payment of some amount was due, and told that money should be paid at once, and also threatened him. It is alleged that the complainant called his brother-in-law Ashutosh Kashyap on phone who told the accused persons that he would inform them about the mother of the complainant after she came home. Thereafter, the applicant and Dharmendra Das snatched the mobile phone of the complainant's brother-in-law and on protest being made, they hurled filthy abuses and assaulted him and also obtained his thumb impression on a blank paper. It is alleged that when brother-in-law of the com-plainant tried to run away, he was caught hold of, and then two of the accused persons made him sit on a Scooty and putting pressure on him, they took him near the house of a Notary, Ram Manohar Dubey. The complainant was however taken on his own Activa and after taking him a little away, he was forcibly made to get into a grey colour SUV car and thus by making him captive and subjecting to beating they took him towards Sarkanda. It is alleged that after stopping near Loyla School the accused persons were threatening the complainant to somehow get money or cheque and only then he would be freed. They are also alleged to have contacted the wife of the complainant namely Pragya Shrivastva on the mobile of the complainant himself and asked her to get them an amount of Rs.50,000.00 and a cheque, and failure in so doing would make them kill her husband. Thereafter, the complainant got down the car with the key of the Activa parked behind and the mobile phone for calling his wife and some how managed to get away from there, went to Civil Lines Police Station and made the report. On lodgment of the report, Crime No. 337/2022 was registered against the applicant herein and other accused persons namely Nisha Thakur, Shubendu Sikdhar and Dharmendra Das, for the offence punishable under Sec. 364-A IPC.

(3.) Counsel for the applicant submits that the applicant is innocent and has been roped in a false case on account of some money related dispute between the mother of the complainant and the co-accused persons. She submits that as the applicant was known to other accused persons, he has been falsely implicated in the case. She submits that the story put forth by the prosecution appears to be quite unreasonable and unrealistic as the place where he was allegedly shifted from the Activa into the SUV car is a busy locality where people keep roaming even in the odd hours. She further submits that it appears a bit strange that even after being threatened, assaulted and shifted from Activa into a SUV car, the complainant did not raise any alarm to attract the attention of the people present over there. According to her, had the applicant really wanted to abduct the complainant for ransom, he could not have escaped from the clutches by getting down the SUV and picking up his Activa parked there-behind. She submits that some altercation might have taken place in the house of the complainant, but the latter part of the narration with regard to abduction for ransom does not appear to be convincing. According to her, co-accused Nisha Thakur and Shubendu Sikdhar have already been granted regular bail vide order dtd. 15/7/2022 passed by the co-ordinate Bench of this Court in MCRC Nos. 3443/2022 and 3468/2022 decided by a common order. She submits that the applicant has also challenged the criminal proceedings launched against him through CRMP No. 1268/2022 in which vide order dtd. 4/8/2022 it has been directed that the investigation may go on, but no coercive steps shall be taken against the petitioner till the next date of hearing, and thus it can be assumed that the applicant has been implicated. She submits that the applicant is resident of Bilaspur (CG) itself and therefore, there is no possibility of his fleeing away from justice in any manner whatsoever. In support of her submissions, reliance is placed on the decision of the Bombay High Court (Aurangabad Bench) in the matter of Manoj Prabhakar Lohar vs. State of Maharashtra (2009) ALLMR (Cri) 2883, decision of Calcutta High Court in the matter of Saumyadeep Ghosh @ Papai vs.Unknown dated rendered on 24/9/2014, and the decision of Allahabad High Court in the matter of Manish Yadav vs. State of UP rendered in CR.P.C. No. 4645 of 2022.