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High Court Of ChhattisgarhMCRC/3761/2016allowed

Juvenile Somnath Sagar v. State Of Chhattisgarh

2016-07-25Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3761 of 2016 Juvenile Somnath Sagar S/o Duto Sagar Aged About 16 Years, Occupation Student, R/o Ward No. 14, Potapara, Thana Bagbahra, District Mahasamund, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through The Police Station House Officer Bagbahra, District Mahasamund, Chhattisgarh.

---- Respondent For applicant - Shri Deepak Jain, Advocate.

For Respondent/State - Shri Satish Gupta, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 25/07/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.87/2016 registered in Police Station Bagbahra, Distt. Mahasamund (C.G.) for offence punishable under sections 363, 366, 376, 506 of Indian Penal Code and Section 4 of Protection of Children from Sexual Offeces Act (POCSO Act) 2012. 2.

As per the prosecution case, the applicant enticed the minor girl and thereafter took her away and committed forceful sexual intercourse, thereby offence is committed.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the applicant is a minor and Probation Officer's report also supports release of the minor applicant. Therefore, learned counsel submits that under the facts of the case, the applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the report furnished by the Probation Officer which

supports the cause for release of the applicant. Considering the fact that the applicant is a juvenile, this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his father's furnishing security for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned Juvenile Justice Board for his regular appearance before it as and when directed.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri