Sanjay Verma v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 357 of 2018 Sanjay Verma S/o Late Ghanshyam Singh Verma, Aged About 24 Years R/o Bhaismuda Dharsiva Police Station Dharsiva, District Raipur Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Dharsiva Police Station Dharsiva District Raipur Chhattisgarh ---- Respondent For applicant - Smt. Fouzia Mirza, Advocate. For Respondent/State -Smt. Astha Shukla, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 26/03/2018 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.94/2017 registered in Police Station Dharsiva, Raipur Distt. Raipur (CG) for offence punishable under sections 366, 363, 376 of IPC and Section 3 and 4 of POCSO Act. 2.

As per the prosecution case, prosecutrix was allured on the pretext of marriage and was enticed away on 5/03/2017 and on the pretext of marriage she was subjected to sexual intercourse without her will, thereby offence was committed.

3.

Learned counsel for the applicant submits that victim has been examined and she has not supported the case of the prosecution, therefore no case is made out. She submits that the applicant is in jail since 17/03/2017, therefore he may be released on bail. 4.

Learned State counsel is not able to dispute the fact that prosecutrix has not supported the case of the prosecution. 5.

Considering the statement of the prosecutrix, without any observation on the merits, this court is inclined to release the applicant on

bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed. Sd/- (Goutam Bhaduri) JUDGE gouri