Tarun Ganir vs State Of Chhattisgarh

The applicant has preferred this frst bail application under Section 439 of the Cr.P.C. for grant of regular bail as he is in custody in connection with crime No. 86 of 2022 registered in Police Station Dalli Rajara, District Balod, CG for offence punishable under Sections 37c6(22((2n(, 37c6(23( and 313 of IPC and Sections 4, 5(2L( and 6 of POCSO Act.

Case of the prosecution in brief is that the applicant took away the minor prosecutrix on the pretext of marriage and committed forcible sexual intercourse with her.

Learned counsel for the applicant submits that the applicant has not committed any offence and has been falsely implicated in the case. He further submits that the prosecutrix has been examined before the Court below but she has not supported the case of the prosecution and applicant is in jail since 11.04.2022 and therefore, he may be enlarged on bail.

State counsel opposes the application and submits that looking to the seriousness of the allegations made against the present applicant, he is not entitled for bail.

On 22.08.2022 prosecutrix appears through Video conferencing and has raised no objection regarding grant of bail to the applicant. Her statement is taken on record.

I have heard learned counsel for the parties and perused the case diary.

7c. Considering the facts and circumstances of the case, and the fact that applicant is in jail since 11.04.2022, and considering the fact that trial may take some time for conclusion, without commenting on the merits of the case and also looking to the Court statement of the prosecutrix, I am inclined to enlarge the applicant on bail.

Accordingly, the bail application fled by applicant is allowed and it is directed that on applicant shall be released on bail on furnishing a personal bond in the sum of Rs. 25,000/- with one solvent surety for the like amount to the satisfaction of the concerned trial Court. He shall appear before the trial Court on each and every date given by the said trial Court, till disposal of the trial.

It is made clear that applicant will not involve himself in any offence similar in future, otherwise bail granted to him shall be liable to be cancelled without further reference to the bench. The observations made hereinabove is only for the purpose of deciding the bail application and the trial will decide the case on its own merit without being infuenced by any observation made hereinabove.

Certifed copy as per rules.