(Bela M. Trivedi and Prasanna B. Varale, JJ.)
Prashant Shrivastava _______________________________ Appellant;
v.
State of Chhattisgarh and Another ________________ Respondent(s).
Criminal Appeal No. 505 of 2025 (Arising out of SLP (Criminal) No. 1612 of 2025) (@ Diary No(s). 44840/2024), decided on January 31, 2025
The Judgement of the court was delivered by
Judgment
1. Delay condoned.
2. Leave granted.
3. Heard learned counsel for the parties.
4. The present appeal is arising out of the impugned judgment and order dated 23.08.2024 passed by the High Court of Chhattisgarh, Bilaspur in CRA No. 996 of 2024, whereby the High Court has dismissed the application of the appellant seeking anticipatory bail in connection with Crime No. 02 of 2024 dated 30.04.2024 registered at Anusuchit Jati Janjati Kalyan Police Station, District Raipur (C.G.) for the offence punishable under Sections 376(2)(n), 417, 506 of the IPC and Section 3(2)(v) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Amendment Act, 2015 (SC/ST Act).
5. It is submitted by the learned counsel for the appellant that the appellant and the respondent No. 2 – prosecutrix were having love affair since 2012 and in between she also had some affair with some other person, against whom she has also filed a complaint. According to him, the present complaint is filed in 2024 to harass the appellant.
6. However, the learned counsel appearing for the respondent No. 2 – prosecutrix submits that considering the seriousness of the offence, particularly, when the allegations are also for the offence under the SC/ST Act, this Court should not grant the anticipatory bail to the appellant.
7. The learned counsel for the respondent No. 1 – State submits that after the interim protection was granted by this Court, he has joined the investigation and has cooperated with the Investigating Officer in the investigation.
8. Having regard to the submissions made by the learned counsel for the parties, to the allegations made in the F.I.R. as also to the whatsapp chats, which have been placed on record, we are inclined to accept the present appeal, without expressing any opinion on the merits of the case.
9. Hence, it is directed that in the event of arrest of the appellant in connection with Crime No. 02 of 2024 dated 30.04.2024 registered at Anusuchit Jati Janjati Kalyan Police Station, Raipur for the offence punishable under Sections 376(2)(n), 417, 506 of the IPC and Section 3(2)(v) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Amendment Act, 2015, he shall be released on bail on the terms and conditions that may be imposed by the Trial Court.
10. It goes without saying that any breach of the conditions that may be imposed by the Trial Court for releasing him on bail or non-cooperation of the appellant in proceeding further with the trial, shall entail cancellation of the bail.
11. Subject to the afore-stated, the present appeal is allowed.
12. Pending application(s), if any, shall stand disposed of.
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