Sandeep Jain @ Sandeep Manot vs State Of Chhattisgarh

Heard.

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 30.10.2021 in connection with Crime No.391/21 registered at Police Station Urla, District Raipur (CG) for the offence punishable under

Sections 363, 376 of IPC and Section 4 of POCSO Act.

As per the prosecution case, a report was made on 29.10.2021 at about 8 pm that the prosecutrix was going to some place at that time the applicant

came there and thereafter took her in his car knowing fully well that she is a minor and thereafter committed forceful sexual intercourse.

Learned counsel for the applicant submits that the applicant and the prosecutrix were in love relation and no sexual intercourse has been committed.

He would further submit that the victim along with the mother appeared before the Court through video conferencing from DLSA, Raipur, and did not

object to grant of bail and under Section 164 Cr.P.C. the incident is completely disowned, 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 victim as also the statement made under Section 164 Cr.P.C. wherein she has completely disowned the incident. In

the medical report also no positive opinion is given. Considering the same as also considering the fact that no objection has been made to grant of bail

to the applicant and the charge-sheet in this case has been filed, 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.