AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
16 paragraphs · 285 wordsHeard.
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 27.07.2021 in connection with Crime No.459/2021 registered at Police Station Ambikapur, District Suguja (CG) for the offence punishable
under Sections 363, 366, 376 (2) (n), 376 (3) of I.P.C. & Sections 5 (B)/6 of POCSO Act, 2012.
As per the prosecution case, the applicant enticed away the minor girl from the lawful custody of her parents and committed sexual intercourse on
the pretext of marriage. Thereby the offence has been committed.
Learned counsel for the applicant submits that the applicant has been falsely implicated and the prosecutrix has been examined before the Court
below and she has not supported the case of the prosecution about the commission of sexual intercourse, therefore, the applicant may be released on
bail.
Per contra, learned State counsel opposes the prayer for grant of bail.
Despite service of notice of the bail application, the victim/complainant is not present.
Considering the entire facts situation of the case as also for the fact that the applicant is in jail since 27.07.2021 and the charge-sheet has already
been filed without any observation on the merits of the case, 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.