Jogiram Miri v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 624 of 2018 Jogiram Miri S/o Fotulal Miri, aged about 19 years, R/o village Achhimar, Police Station Balco, District Korba (C.G.). ---- Applicant

Versus

State Of Chhattisgarh, Through Police Station Rajgamar, District Korba (C.G.).

---- Non-applicant For Applicant :

Shri Lalit Jangde, Advocate.

For State :

Mr. Lav Sharma, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 20/03/2018 1.

This is an application filed under Section 439 Cr.P.C. for grant of bail to the applicant, who has been arrested in connection with Crime No.85/2017 registered at Police Station Rajgamar, District Korba (C.G.) for the offence punishable under Sections 363, 366 (a) and 376 of IPC and Section 4 of POCSO Act.

2.

The present applicant is in jail since 26.07.2017 in connection with the aforesaid Crime number.

3.

The allegation against the present applicant as per the prosecution case is that, the present applicant is said to have ravished the prosecutrix knowing well that she was a minor. 4.

The counsel for the applicant submits that, while the applicant was in jail, the prosecutrix and her father both have been examined before the Court below and both have not supported the case of the prosecution and have been declared hostile.

5.

This aspect is not opposed by the State counsel.

6.

Given the aforesaid facts and circumstance of the case particularly taking note of the fact that, the prosecutrix and her father both have not supported the case of the prosecution, this Court is of the opinion that prima-facie a strong case for grant of bail has been made out.

7.

Accordingly, the application for grant of bail is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court for his appearance before the said Court as and when directed.

Sd/- (P. Sam Koshy) Judge Sumit