Naresh Tiwari vs State Of Chhattisgarh

Heard on the application filed under Section 439 of Cr.P.C. This is the first bail application filed for grant of regular bail. The Applicant has been

arrested on 21.11.2020 in connection with Crime No. 117/2020 registered at Police Station Sihawa District â€" Dhamtari (C.G.) for offence

punishable under Sections 363, 366, 376 of Indian Penal Code and Section 6 of Protection of Children from Sexual Offences Act, 2012 and Section

3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

It is submitted by the learned counsel for the Applicant that the Applicant has been falsely implicated in this case. The prosecutrix has been

examined in the trial and she has not supported the prosecution case in any manner, hence there is no case for prosecution and therefore bail may be

granted.

The learned counsel for the State opposes the bail application and submits that the age of prosecutrix was below 16 years. Further the prosecutrix

has clearly stated against this Applicant in her diary statement and also in her statement under Section 164 of the CrPC, therefore, the application for

bail may be rejected.

I have heard the learned counsel for the parties and perused the record.

According to the prosecution case, it is alleged that the Applicant abducted the minor prosecutrix by promising to marry her and then he kept her in

his custody and exploited her sexually for having physical relation with her knowingly that she was not capable to give consent being a minor, hence

this case.

Considered on these submissions and also perused the copy of the deposition of the prosecutrix which shows that she is totally hostile witness.

Hence, looking to this development in the case, I am inclined to allow this bail application. The application is allowed.

Consequently, the application filed by the Applicant under Section 439 of Cr.P.C for grant of regular bail is hereby 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 as and when directed.

Certified copy as per rules.