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Alam Sai vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 16 December 2022 · Citation: (2022) 12 CHH CK 0039

HON’BLE JUDGES
Goutam Bhaduri, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 120B, 344, 363, 365, 376D, 376(3) · Protection of Children from Sexual Offences Act, 2012 — Section 5, 6 · Motor Vehicle Act, 1988 — Section 4, 5, 36, 41, 96, 146, 180, 181, 192
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 9067 Of 2022
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Judgment

10 paragraphs · 362 words
1.

Heard.

2.

The applicants have preferred this second bail application under Section 439 of the Cr.P.C. for grant of bail as they have  been arrested in connection with Crime No.239/2020, registered at Police Station Rajpur District Balrampur Ramanujganj (CG), for the offence under Sections 363, 376(D), 376(3), 365, 344, 120(B) of IPC; Sections 5 & 6 of the POCSO Act; and Sections 5/180, 4/181, 146/96, 39/192 of the Motor Vehicle Act.

3.

The first bail applications bearing MCRC No.7933 of 2021 and 7941 of 2021 were dismissed by this Court on 21-1-2022 with liberty to file afresh after examination of the prosecutrix.

4.

Case of the prosecution, in brief, is that the applicants knowing well that the victim is minor girl have enticed away her from the lawful custody of of her parents and thereafter committed forcible sexual intercourse.

5.

Learned counsel for the applicants would submit that the applicants have been falsely implicated. He would further submit that the prosecutrix has been examined before the Court below and she has not supported the case of prosecution and completely disowned the incident. Thus, the applicant may be enlarged on bail.

6.

Learned counsel for the State, per contra, would oppose the bail application.

7.

Learned counsel for the victim would submit that he has no objection if bail is granted to the applicants.

8.

Considering the entire facts situation of the case, particularly considering the statement of prosecutrix recorded by the Court below as well as submission made before this Court; as also the fact that the applicants are in detention since 6-12-2020 & 7-12-2020 and the charge sheet has already been filed, I am of the opinion that present is a fit case to release the applicants on regular bail.

9.

Accordingly, the bail application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the trial Court. They are is directed to appear before the trial Court on each and every date given by the said Court.

10.

Certified copy as per rules.