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Judgment
11 paragraphs · 407 wordsHeard.
The prosecutrix is present along with her sister through the Help Desk of DLSA, Ambikapur.
These are the applications filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants, who have been arrested in connection with Crime No.20/2022 registered at Police Chowki Kunni, Police Station Lakhanpur, District Surguja (CG) for the offence punishable under Sections 457, 354, 323, 376, 511, 34, 114 of the IPC and Sections 7, 8, 10, 17, 18 of the POSCO Act.
The prosecution case is that the applicants with an intention to outrage the modesty of the prosecutrix, a minor girl aged about 13 years, entered into her house and applicant Vinit Lakda caught hold her hands and arms, pressed her neck and also covered up her face by using shawl. Applicants Vimal Toppo and Devdatt Shakya have been charged under Sections 457, 354/114 of the IPC and Sections 16 & 17 of the POSCO Act and applicant Vinit Lakda has been charged under Sections 457, 354, 323, 376/511 of the IPC and Section 8 of the POSCO Act.
Learned counsel for the respective applicants submit that the applicants have been falsely implicated in the case and they are in jail since 27.1.2022. They submit that the applicants entered into the house of the prosecutrix to consume liquor as her mother used to sell local wine.
Per contra, learned counsel for the State opposes the bail application.
The prosecutrix and her sister (who are present before this Court through the Help Desk of DLSA, Ambikapur) also oppose the bail application.
Having heard the submissions of learned counsel for the parties and also considering the pre-trial detention of the applicants and further the charges levelled against them, I am of the opinion that present is a fit case to enlarge the applicants on regular bail.
Accordingly, the applications are allowed and the applicants are directed to be released on bail on each of them furnishing a personal bond for a sum of Rs.10,000/- with one surety each in the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court.
In addition, the applicants are directed not to communicate / contact in any manner with the prosecutrix or her family members.
Certified copy as per rules.