Sunny Kandra (Netam) v. State Of Chhattisgarh

MCRC No. 908 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 908 of 2020 • Sunny Kandra (Netam) S/o Santosh Kandra, Aged About 20 Years R/o BandhaTalab, Shiv Nagar, Durg, Police Station Durg, District Durg Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through The Police Station Durg, District - Durg Chhattisgarh ---- Respondent For Applicant Mr. Varunendra Mishra, Advocate For Respondent /State Mr. KK Singh, Government Advocate SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 18/3/2020 1.

Heard.

2.

This is an 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.850/2019, registered at Police Station Durg, District Durg for the offence punishable under Sections 363, 366, 376 of IPC and Section 4, 5(L), 6 of the POCSO Act.

3.

The applicant has allegedly abducted and committed forcible sexual intercourse with the prosecutrix on promise to marry, but

MCRC No. 908 of 2020 later on, he refused to marry. The prosecutrix has already been examined before the trial Court. She has turned hostile and is not supporting the prosecution.

4.

Considering the statement of the prosecutrix during the course of trial as also for the reason that the applicant is in jail since 25.9.2019 , I am of the opinion that present is a fit case to release the applicant on regular bail.

5.

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. 6.

Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna