Anchal Singh @ Ajay Rathore vs State Of Chhattisgarh

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been

arrested in connection with Crime No.33/2021 registered at Police Station- City Kotwali Dhamtari, District Dhamtari (C.G.) for the offence

punishable under Sections 363, 366, 376 of Indian Penal Code and Section 6 of Protection of Children from Sexual Offences Act, 2012 and Section

3(2)(V) of the S.T./S.C. Act.

As per the prosecution case, a report was made by the mother of the prosecutrix that the applicant knowing fully well that the victim is minor girl

enticed away from the lawful custody of her parents and thereafter committed forceful sexual intercourse. Thereby the offence has been committed.

Learned counsel for the applicant would submit that the victim has been examined before the Court below, she has completely disowned the

incident and before this Court also the victim appeared through video conferencing and no objection was made for grant of bail; therefore, the

applicant may be enlarged on bail.

Per contra, learned State counsel opposes the prayer for grant of bail.

On 03.01.2022 the victim appeared through virtual mode from DLSA Dhamtari and she did not object to grant bail to the applicant.

Perused the statement of the victim, who has been examined before the Court below and further before this Court also the victim appeared through

video conferencing and no objection was made for grant of bail to the applicant. Considering the same, without any further observation on merit, I am

inclined to release the applicant on bail. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to

the satisfaction of the concerned trial Court, for his appearance as and when directed.