Sagar Kumar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1211 of 2018 Sagar Kumar S/o Manoj Kumar Kannojiya Aged About 29 Years R/o.- Village- Baikunthpur, Campa-2, Chhawani, Police Station- Chhawani, District : Durg, Chhattisgarh --- Petitioner

Versus

State of Chhattisgarh through the Station House Officer Police Station- Jamul, District : Durg, Chhattisgarh --- Respondent For the applicant :

Mr. Goutam Khetrapal Advocate.

For the Respondent :

Mrs. Madhunisha Singh, P.L.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .06.2018

1. This is 3rd bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.628/2016 registered at Police Station Jamul, Distt. Durg (C.G) for the offences punishable under Sections 354, 384, 34 of IPC and sections 8, 11(4), 11(5) & 12 of the Protection of Children from Sexual Offences Act, 2012.

2. The first bail application was dismissed on 13.06.2017 and the second one was dismissed on 13.10.2017.

3. As per the prosecution case, on 28.11.2016 the prosecutrix who is a minor student had gone to the house of her class-mate Akansh Tiwari to return some amount wherein the present applicant and other accused who were working as Constable raided and entered into the house and thereafter made the girl to take out her clothes and took the photographs and also snatched the amount of Rs.1500/- from her by blackmailing.

4. Learned counsel for the applicant submits that subsequent to the dismissal of the second bail petition on 13.10.2017 as per the

direction of the Co-ordinate Bench of this Court, certain enquiry in respect of the age of the girl was conducted wherein the girl was found to be major and thereafter the charges were altered by the Court below on 18.03.2018. It is further submitted that the girl has already been examined and she has completely disowned the identity of the present applicant, therefore, there is change of circumstances and the applicant who is in jail since 28.12.2016 may be enlarged on bail.

5. Per contra, learned State Counsel opposes the bail application.

6. A perusal of the documents shows that the charges were altered on 18.3.2018 and the charges under the POCSO Act were diluted whereby the applicant and other accused are facing prosecution u/s 354 of IPC. A perusal of the statement of the girl also shows that she has not supported the case of prosecution.

7. Considering the change of circumstances in the case as also the fact that the appellant is in jail since 28.12.2016, without any further observation on the merits of the case, at this stage, I am inclined to allow this bail application.

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

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o