Sachin vs State Of Chhattisgarh

Goutam Bhaduri, J

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 31.01.2018 in connection with Crime No.33/18 registered at Police Station Baradwar, Civil & Revenue District Janjgir-Champa (CG) for

the offence punishable under Sections 363, 366 & 376 of the IPC and Sections 4 & 6 of the POCSO Act, 2012.

As per the prosecution case, a report was made by the father of the victim on 26.01.2018 that the present applicant has enticed away the minor girl

from the lawful custody of the parents on the pretext of marriage thereafter when the prosecutrix was recovered it was discovered that she was also

subjected to rape. Thereby the offence has been committed.

Learned counsel for the applicant submits that the applicant has been falsely implicated. He further submits that as per the statement of the

prosecutrix she herself was in the company of the applicant and the same would be evident from the statement recorded before the Child Welfare

Centre. He further submits that there was a love affair in between the victim and the applicant and no further investigation is necessary, therefore, the

applicant may be released on bail.

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

Perused the statement of the prosecutrix under Section 164 Cr.P.C. as also the statement recorded before the Child Welfare Centre. Considering

the same and the investigation appears to be complete and the charge-sheet has been filed and further taking into that the applicant is in jail since

31.01.2018, 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.