Sunil Yadav @ Sunil Kumar Bargah vs State Of Chhattisgarh

Heard.

The applicant has preferred this second bail application under Section 439 of the Cr.P.C. for grant of bail as he has been arrested in connection with Crime No.99/2021, registered at Police Station Balrampur District Balrampur Ramanujganj (CG), for the offence under Sections 363, 366, 376(2)(n) of the Indian Penal Code and Section 6 of the POCSO Act, 2012.

The first bail application bearing MCRC No.8581 of 2021 was dismissed by this Court on 2-2-2022.

Case of the prosecution, in brief, is that on 11.03.2021 the applicant knowing well that the victim is minor girl has enticed away her from the lawful custody of of her parents on the pretext of marriage and thereafter committed forcible sexual intercourse.

Learned counsel for the applicant would submit that the applicant has been falsely implicated. He would further submit that the prosecutrix has been examined before the Court below and she has not supported the case of prosecution and completely disowned the incident. Thus, the applicant may be enlarged on bail.

Learned counsel for the State, per contra, would oppose the bail application.

Learned counsel for the victim/objection would submit that he has no objection if bail is granted to the applicant.

Considering the entire facts situation of the case, particularly considering the statement of prosecutrix recorded by the Court below as well as submission made before this Court; as also the fact that the applicant is in detention since 28-05-2021 and the charge sheet has already been filed, I am of the opinion that present is a fit case to release the applicant on regular bail.

Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety in the like amount 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.

Certified copy as per rules.