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Judgment
21 paragraphs · 359 wordsRajendra Chandra Singh Samant, J
Heard.
This is the second bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular
bail to him as he is in custody in connection with Crime No.480/2020 registered at Police - Station-Khamtarai, District-Raipur (C.G.) for the offence
punishable under Section 363, 366, 376 of IPC and Section 6, of POCSO Act.
It is submitted by the learned counsel for the applicant that the first bail application was dismissed as withdrawn on 19.11.2020. It is next submitted
that the applicant has been falsely implicated in this case. The prosecutrix was not minor and the relationship of the applicant and prosecutrix was
based on consent and during trial she has not Page No.2 supported the case of the prosecution, hence, there is no case against this applicant, hence, it
is prayed that he may be enlarged on regular bail.
On the other hand, learned counsel for the State opposes the bail application and the submission made in this respect. It is submitted that prosecutrix
clearly alleged the applicant in her diary statement and the statement under Section 164 Cr.P.C., therefore, the applicant is not entitled for grant of
bail.
Notice has issued to complainant.
I have heard the learned counsel for both the parties and perused the case diary.
As per prosecution case, it is submitted that this applicant abducted the minor prosecutrix and he exploited her sexually knowing well that she was
not capable to give valid consent for such relationship.
Considered on the submissions. On perusal of certified copy of deposition of prosecutrix, it is found that she is a hostile witness. Hence, looking to
this development, I feel inclined to allow the application of this applicant.
Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his
furnishing a personal bond for a 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.