Kishor Kudiyam v. State Of Chhattisgarh

MCRC No.1008 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1008 of 2021

1. Kishor Kudiyam S/o Panduram Aged About 21 Years R/o Village- Chintanpalli Talabpara, P.S. Toynar, District- Bijapur, Chhattisgarh.

---- Applicant

Versus

1. State Of Chhattisgarh Through The Police Station Bijapur, District- Bijapur, Chhattisgarh.

---- Respondent For Applicant Mr. P.K. Tulsyan, Advocate For Respondent /State Mr. Vivek Ranjan Tiwari, Addl. Adv.

General with Shri Arjit Tiwari, Panel Lawyer Prosecutrix appeared through the Video Conferencing facility available at DLSA, Bijapur (Proceedings through Video Conferencing) Order on Board By Prashant Kumar Mishra, Ag. CJ 25/6/2021 1.

Heard.

2.

The applicant has preferred this second bail application under Section 439 of the Cr.P.C. for grant of bail as he has been arrested in connection with Crime No.32/2020, registered at

MCRC No.1008 of 2021 Police Station Bijapur, District Bijapur (CG), for the offence under Sections 376, 363, 368 and 342 of the Indian Penal Code and under Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012.

3.

The first bail application was dismissed with liberty to move again after examination of the prosecutrix.

4.

In her deposition before the trial Court the prosecutrix has not supported the prosecution.

5.

At the time of hearing of earlier bail application as well as in course of hearing today the prosecutrix appeared through the Video Conferencing facility available at DLSA, Bijapur and submitted that she has no objection if the applicant is released on bail.

6.

Considering the entire facts situation of the case and for the fact that the applicant is in jail since 23-2-2020 i.e. one year four months, I am of the opinion that present is a fit case to release the applicant on regular bail.

7.

Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- 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.

8.

Certified copy as per rules.

Sd/- (Prashant Kumar Mishra) Acting Chief Justice Gowri