Chaitan Nagwanshi vs State Of Chhattisgarh

Heard.

Despite service of notice, the prosecutrix has not appeared before this Court.

This is an 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.312/2021 registered at Police Station Lailunga, District Raigarh (CG) for the offence punishable under Sections 376, 323, 34 of the IPC and Sections 4 & 6 of the Protection of Children from Sexual Offences Act.

The case of the prosecution is that on the pretext of marriage, the applicant sexually exploited the prosecutrix.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. The applicant is in jail since 10.11.2021, therefore, he prays for releasing the applicant on regular bail.

On the other hand, learned counsel for the State opposes the bail application.

The prosecutrix has appeared along with her mother before the trial Court and not opposed the bail application.

Considering the facts and circumstances of the case particularly considering that the prosecutrix has not appeared before this Court despite service of notice and further, she has not objected to grant of bail to the applicant before the trial Court and also considering the pre-trial detention of the applicant, I am of the opinion that present is a fit case to release the applicant on regular bail.

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

In addition, the applicant is directed not to communicate / contact in any manner the prosecutrix or her family members.

Copy of this order be supplied to the office of Advocate General for being forwarded to the prosecutrix within 2 days.

Certified copy as per rules.