Naresh Kumar Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1495 of 2021

1. Naresh Kumar Sahu, S/o Kamlesh Sahu, aged about 19 years, R/o Bazaar Atariya, Tehsil & Police Station Khairagarh, District Rajnandgaon (CG) ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Chhuikhadan, District Rajnandgaon (CG) ---- Non-Applicant For Applicant : Shri Abhishek Sharma, Advocate.

For Non-Applicant : Shri V.R. Tiwari, Additional AG. Proceeding Through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag CJ Order On Board 18/06/2021 :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.161/2020 registered in Police Station Chhuikhadan, District Rajnandgaon for offence under Section 363, 366, 376 and 506 of the IPC and Sections 4 & 6 of the POCSO Act, 2012.

2. This is the 2nd bail application on behalf of the applicant.

3. Notice issued to the prosecutrix has been served upon her, but she has not entered appearance.

4. The applicant has allegedly abducted and sexually exploited the prosecutrix aged less than 18 years. The first bail application was dismissed with liberty to revive the prayer after examination of the prosecutrix.

5. In her deposition filed as Annexure-A/3 before this Court, the prosecutrix has resiled from her earlier statement and is not supporting

the prosecution.

6. Considering the entire fact situation of the case and for the fact that the applicant is in jail since 25.7.2020 and the prosecutrix has also been examined, I am inclined to release the applicant on bail.

7. Accordingly, the 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 for 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.

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