Manju Ram Alias Mannu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 859 of 2020 • Manju Ram Alias Mannu S/o Sanak Sai Aged About 19 Years R/o Village - Badgari, Police Station And Tahsil - Lundra, District - Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station - Dhaurpur District - Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Respondent For Applicant :

Shri Sandip Dubey, Advocate For Respondent /State :

Shri B.L. Sahu, P.L.

Hon'ble Smt.Justice Rajani Dubey Order On Board 19.3.2020

1. Heard.

2. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 35/2019, registered at Police Station Dhaurpur, District Surguja (CG) for the offence punishable under Sections 363, 366, 376(2)(n) of the IPC and Section 5(1) and 6 of the Protection of Children from Sexual Offences Act, 2012.

3. As per the case of prosecution, father of the prosecutrix lodged a report that on 17.6.2019 in the night, the applicant has abducted his minor daughter alluring to marry her and taken to the forest area and committed sexual intercourse with her.

4. Learned counsel for the applicant submits the applicant has not committed any offence and he has been falsely implicated in the crime. He submits that the prosecutrix is aged above 16 years and she has not supported the case of prosecution before the Court below. Due some money transaction between the applicant and father of the prosecutrix on account of selling of one cow, a false report has been lodged against the applicant. He submits that the applicant is in custody since 23.6.2019 and trial may take some time for its final disposal therefore, the applicant may be released on bail.

5. On the other hand, learned counsel for the State opposes the bail application.

6. Perused the entire material available on record.

7. Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant and the prosecutrix is aged above 16 years and trial may take some time for its final disposal, I am of the opinion that present is a fit case to release the applicant on bail.

8. Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.

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

10. Certified copy as per rules.

Sd/ (Rajani Dubey) JUDGE

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