UTTAM LAL GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since the aforesaid two bail applications have been filed arising out of the same crime number, therefore, they are being disposed of by this common order.

(2.) These first anticipatory bail applications under Sec. 438 of the Code of Criminal Procedure have been filed by the applicants, who are apprehending their arrest in connection with Crime No.358/2022 registered at Police Station-Ramanujganj, District-Balrampur-Ramanujganj (CG) for the offence punishable under Ss. 363, 366, 376(d), 506, 34 of the IPC and Ss. 4 and 6 of the Protection of Child from Sexual Offences Act, 2012.

(3.) Case of the prosecution, in brief, is that a minor prosecutrix, aged about 17 years, had come to the house of her aunt (mousi) at village Bhanwarmal and on 1/10/2021 when she was going to watch Ramlila programme at Beechpara school she came into contact with applicant-Bajrang Yadav and thereafter both were in talking terms. On 25/10/2022 at about 10 p.m. when the prosecutrix went for natural call outside the house, applicant-Bajrang Yadav on the pretext of marriage allured her and took her near mahua tree and committed rape with her, at that time, other applicant-Uttam Lal Gupta also reached there, he also committed rape with the prosecutrix. Upon hearing hue and cry of the prosecutrix, Shivprasad, father of applicant-Bajrang Yadav and Smt.Anita, mother of applicant-Bajrang Yadav came there and started threatening to the prosecutrix that if she disclosed the incident to anyone, then they will kill their family members. Anyhow the prosecutrix rescued from clutches of the applicants and came to her aunt's house at about 12 at night and narrated the incident. Thereafter, a written complaint was made by the prosecutrix on 28/10/2022 and on the basis of such written complaint, offence was registered at Police Station-Ramanujganj, Distt-Balrampur.