Satvan Singh @ Rinku vs State Of Chhattisgarh

1.This application seeking grant of bail has been filed by the accused/applicant under Section 439 of the Cr.P.C., who is in custody since 08.10.2020 in connection with Crime No.82/2020 registered at Police Station Darima, District Surguja for the offence punishable under Sections 363, 366, 376 (3), 376 (2) (ढ) of IPC and Sections 03(क)/04(2) & 5(ठ)/6 of the Protection of Children from Sexual Offences Act, 2012.

Prosecution story, in nutshell, is that the accused/applicant by alluring the minor prosecutrix kidnapped her and committed forcible sexual intercourse with her several times. Thereafter, the complaint was lodged, proceedings were initiated, offence was registered under the aforesaid sections and the applicant was arrested.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He submits that the prosecutrix and her father were examined before the trial Court and turned hostile. He is in custody for about one and a half years, therefore, the accused/applicant may be set at liberty by granting bail.

On the other hand, learned State counsel opposes the prayer for bail. However, today father of prosecutrix appeared through DLSA Surajpur and supported the bail application.

Taking into consideration the facts and circumstances of the case, submission of the parties and considering that the prosecutrix and her father turned hostile in their examination before the trial Court and today also her father submits no objection and supported the bail application, also considering the pretrial detention, this Court is of the opinion that the accused/applicant can be granted bail at this stage. Accordingly, the application is allowed and it is directed that on his furnishing a personal bond in the sum of Rs.10,000/- with one surety for the like sum to the satisfaction of the concerned Court, the applicant shall be released on bail on the following conditions:-

(a) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court,

(b) he shall not act in any manner which will be prejudicial to fair and expeditious trial,

(c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of case,

(d) he shall not involve himself in any offence of similar nature in future.