High CourtsSingle Bench

JOGIRAM MIRI vs STATE OF CHHATTISGARH

Chhattisgarh High Court · Decided on 20 March 2018 · Citation: (2018) 03 CHH CK 0179

HON’BLE JUDGES
P. SAM KOSHY
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Protection of Children from Sexual Offences Act, 2012 — Section 4 · Indian Penal Code, 1860 — Section 363, 366(a), 376
RESULT
Allowed
CASE NUMBER
MCRC No. 624 of 2018

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Judgment

13 paragraphs · 250 words
1.

This is an application filed under Section 439 Cr.P.C. for grant of bail to the applicant, who has been arrested in connection with Crime No.85/2017

registered at Police Station Rajgamar, District Korba (C.G.) for the offence punishable under Sections 363, 366 (a) and

2.

The present applicant is in jail since 26.07.2017 in connection with the aforesaid Crime number.

3.

The allegation against the present applicant as per the prosecution case is that, the present applicant is said to have ravished the prosecutrix

knowing well that she was a minor.

4.

The counsel for the applicant submits that, while the applicant was in jail, the prosecutrix and her father both have been examined before the Court

below and both have not supported the case of the prosecution and have been declared hostile.

5.

This aspect is not opposed by the State counsel.

6.

Given the aforesaid facts and circumstance of the case particularly taking note of the fact that, the prosecutrix and her father both have not

supported the case of the prosecution, this Court is of the opinion that prima-facie a strong case for grant of bail has been made out.

7.

Accordingly, the application for grant of bail 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 Court for his appearance before the said Court as and

when directed.