Motichand @ Mochan Chouhan vs State Of Chhattisgarh

This is the Second 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 04.08.2021 in connection with Crime No. 252/2021 registered at Police Station Tilda-Newra, Raipur C.G. for the offence punishable under Sections 363, 366, 376 and 506 of IPC and Section 4, 6 of Protection of Children from Sexual Offences Act.

As per the prosecution case, applicant knowing fully well that the prosecutrix is a minor girl, enticed her away from the lawful custody of her parents and committed sexual intercourse with her on the pretext of marriage.

Learned counsel for the applicant submits that this is the second bail application and the first bail application was dismissed as withdrawn on 01.02.2022 with liberty to file afresh after examination of the victim/ prosecutrix. He refers to the statement of the prosecutrix and further submits that she has not supported the case of the prosecution and she herself has stated in the statement that she is a major girl, therefore, the applicant may be released on bail.

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

Mother of the prosecutrix namely Santoshi Nishad is present before the court and stated no objection for grant of bail.

Heard learned counsel for the parties.

Considering the statement of the prosecutrix wherein she has not supported the case of the prosecution. Further considering the fact, that at para 5 of the statement she herself has stated that she is a major girl, 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.