Virendra Soren vs State Of Chhattisgarh

This is the second application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.158/2022 registered at Police Station- Lundra, District-Surguja (C.G) for the offence punishable under Sections 363, 366, 376 (2) (n) of the IPC & Section 6 of the POCSO Act.

The earlier bail application of the applicant was dismissed on merits vide order dated 09.08.2023 passed in MCRC No.4580/2023 with liberty to the applicant to revive his bail application after examination of the prosecutrix.

Prosecution case, in brief, is that the present applicant abducted the minor girl and committed sexual intercourse with her on the false pretext of marriage. Based on the above allegations, the aforesaid offence has been registered against the present applicant.

Learned counsel for the applicant submits that prosecutrix has been examined and she has not supported the case of the prosecution. He submits that the applicant is in jail since 02.05.2023; conclusion of trial is likely to take considerable time and therefore, considering all these aspects, he may be enlarged on bail.

Per contra, learned counsel for the State opposes the bail application.

Having considered the submissions of learned counsel for the parties and also considering the statement of the prosecutrix and the pre-trial detention of the applicant, without commenting anything on the merits of the case, this Court is inclined to release him on bail.

Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing 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.