Jharkhand High Court
Chetan Kumar vs The State Of Jharkhand on 8 January, 2019
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B. A. No. 4913 of 2018
Chetan Kumar ...... Petitioner
Versus
1.The State of Jharkhand
2.Vinita Somaya ...... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioner: Mr. Indrajit Sinha, Advocate
Mr. Kumar Harsh, Advocate
For the State : A.P.P.
For the O.P. No. 2: Mr. Rajiv Ranjan, Sr. Advocate
C.A.V on 04/01/2019 Pronounced on : 08/01/2019
The petitioner is apprehending his arrest in connection with Sakchi P.S.
Case No. 156 of 2018, corresponding to G.R. No. 2070 of 2018 for the offence under sections 454, 354, 354B, 506/34 of the Indian Penal Code lodged on the basis of written report of Informant-Vinita Somaya alleging therein that she is living with her father and running a school. She has social acquaintance with Chetan Kumar (petitioner) and they share family relationship and both were regular visitors. It is alleged that over the last two years the petitioner set an evil eye on her and in around of month of January, 2018, the petitioner misbehaved with the informant at a social gathering. It is further alleged that on 12.06.2018 at about 8.00 p.m, the petitioner entered into the house of the informant when the informant's father had gone to her sister's house at Hyderabad and after entering into the house the petitioner pushed the informant and when she tried to get up, her hands were squeezed and she was slapped on her cheek, thereafter she was dragged to sofa and molested. Further, it is alleged that the petitioner attempted to commit rape on her. Further, it is alleged that petitioner threatened the informant with dire consequences. On the basis of these and another allegations, the instant case has been lodged.
It appears that on 18.09.2018 both the parties were physically present and with the consent of the parties the matter was referred to the JHALSA for mediation. Mediation report dated 22.10 2018 reveals that the disputes of the parties could not be settled. So, today, the matter was heard on merit.
Learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case. Further, it has been submitted that the F.I.R, lodged by the informant is dated 16.08.2018 and from perusal of F.I.R, it would transpire that the informant signed on her written report on 16.06.2018, therefore, the whole prosecution story is perfunctory, false and malicious. Further, it has been submitted that petitioner was demanded an exorbitant sum of Rs, 50 lacs and when he showed ignorance, he was pressurized to raise it anyhow. The petitioner always evaded to meet the informant for the same but she continued to persist with the said demand. Further, it has been submitted that the petitioner visited the house of the informant to settle the issue as she on a regular basis disturbed the petitioner and pressurized him for raising the amount. Further, it has been submitted that in and around the first week the informant and her father started giving threats to the petitioner and his brother Sudhir Rai of dire consequences.
On the other hand learned A.P.P as well as learned counsel for the O.P. No. 2 opposed the prayer for anticipatory bail.
Learned counsel for the O.P. No. 2 filed counter-affidavit stating therein as under:
"13. That it is further stated and submitted that on 14th June, 2018 the informant was pressurized by the friend of Uday Dhir and his wife and asked her not to file any criminal case against the petitioner as he was ready to apologize. However, the informant told him that since her father is out of town, she will wait for his decision. Again on 15th June, 2018, the petitioner along with his wife and cousin brother Sudhir Rai and Uday Dhir came to the residence of the informant to apologize and requested the informant not to lodge any FIR against the petitioner and also assured that the petitioner will not come close to the informant in future.
14. Since they were close friends since long the informant was continuously pressurized to settle the matter to which the informant was compelled to agree and a draft affidavit was also prepared through her lawyer Sri P. Jaylakshmi to be signed by the parties. As the informant wanted to put the said incident on record so that the same incident may not occur in future and since petitioner had also sexually assaulted the informant in past, therefore, it was necessited that settlement, if any should be in written form. However, at the scheduled time the petitioner , Sudhir Rai and Udai Dhir came to the Court but insisted that the incident recorded in the affidavit be removed and it should contain only the apology page to which the informant did not agree and thereafter the F.I.R was registered on 16.06.2018.
16. That it is in the garb of the said subsequent FIR lodged at the instance of the petitioner, the anticipatory bail application is sought for by the petitioner.
17. That the F.I.R lodged at the instance of the petitioner is totally false and misleading and is an attempt to overshadow the offence committed by the petitioner which is apparent from the fact that during the investigation conducted by the police in Adityapur P.S. Case No. 156 of 2018 the police has found the case to be false and has also submitted final form in the court below.
18. That from the aforesaid FIR as has been registered at the instance of the petitioner it is apparent that the case was totally false, vague and was only eyewash to mislead this Hon'ble Court and only an attempt to divert the investigation of the case on the basis of FIR registered at the instance of the informant.
So considering the aforesaid facts, the petitioner does not deserve privilege of anticipatory bail.
Case diary has been produced. From perusal of para 57 of the case diary, it appears that I.O has recorded the statement of witness-Jaya Laxmi who has stated that with regard to occurrence dated 12.06.2018 an affidavit was prepared between the parties amicably. Similar is the statement of Uday Dhir in para 58 of the case diary. In para 44 of the case diary I.O has mentioned the injury report which reveals that injury is simple in nature and there was no fracture there is pain and swelling right ankle was found. In para 146 of the case diary there is supervision note in which case was found to be true.
Having heard the learned counsel for the parties and after going through the records and considering the facts, I am inclined to admit the petitioner on anticipatory bail with cost on the following grounds:
(i) The petitioner will deposit cost of Rs. 21,000/- before the President/Secretary, the District Bar Association, Jamshedpur latest by 24.01.2019 and the aforesaid amount will be used for the welfare of the learned counsels of the said Bar Association.
(ii). The petitioner is directed to produce the aforesaid deposition of amount before the trial court on the date of his surrender.
(iii) Further, the petitioner will file undertaking on the date of his surrender before the trial court that till completion of investigation and further during course of trial he will not contact, influence and coheres the informant in any manner and if he do so, it is open to the informant to file application for cancellation of bail of the petitioner before this court through learned counsel.
Accordingly, the petitioner is directed to surrender in the Court below latest by 28.01.2019 and in the event of his arrest or surrender the Court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 30,000/- (Rupees thirty thousand) with two sureties of the like amount each to the satisfaction of the court of learned C.J.M, Jamshedpur in connection with Sakchi P.S. Case No. 156 of 2018, corresponding to G.R. No. 2070 of 2018 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The petitioner will produce the receipt of aforesaid deposition of amount before the trial court on the date of his surrender.
Let a copy of this order be communicated to the concerned court through FAX and a copy of this order be handed over to the learned A.P.P for its transmission to the I.O. Further, a copy of this order be also sent to the President/Secretary, District Bar Association, Jamshedpur.
Satyarthi/- (Anant Bijay Singh, J.)