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Judgment
21 paragraphs · 391 wordsHeard.
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 on 06.09.2021 in connection with Crime No.124/2021 registered at Police Station Saragaon, District Janjgir-Champa (CG) for the offence
punishable under Sections 452, 294, 506, 323, 354, 363, 366 (A)/34 of IPC and Section 8 of POCSO Act.
As per the prosecution case, on 18.08.2021 the other co-accused took the prosecutrix to celebrate her birthday thereafter one Abhishek and the
present applicant were called and they went to celebrate her birthday at certain place. After cutting the cake, the applicant tried to outrage the
modesty of the prosecutrix and put the vermilion on the forehead of the prosecutrix thereby tried to outrage the modesty of the prosecutrix.
Learned counsel for the applicant submits that the applicant and the prosecutrix were in love relation which would be evident from the photographs
and the prosecutrix herself went along with the applicant and never raised any objection, therefore, the case of abduction would not be made out. He
would further submit that the applicant is in jail since 06.09.2021 and the charge-sheet in this case has been filed, therefore, the applicant may be
released on bail.
Per contra, learned State counsel opposes the prayer for grant of bail and read out the statement of the prosecutrix made under Section 164
Cr.P.C.
On 02.12.2021 the prosecutrix along with her father appeared before this Court through video conferencing from DLSA, Janjgir and objected to
grant of bail to the applicant.
Considering the statement made under Section 164 Cr.P.C. and the photographs which are attached with this application and also taking into the
nature of allegation and the fact that the charge-sheet in this case has been filed and the period spent in jail by the applicant as he is in jail since
06.09.2021, I am inclined to release the applicant on bail.
Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/-
with one surety in the like sum 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.