Mithlesh Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2564 of 2016 Mithlesh Sahu, S/o. Banshi Lal Sahu, Aged About 18 Years, R/o. Village Bhothli, Police Station Amleshwar, District Durg, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh, Through Station House Officer, Police Of Police Station Amleshwar, District Durg, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. B.P.Singh, Advocate For Respondent :

Mr. Sumit Jhanwar, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 20.06.2016 1.

This is the first bail 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.46/2015, registered at Police Station Amleshwar, District Durg (C.G.) for the offence punishable under Section 363, 366(A), 376 of Indian Penal Code and Section 5 & 6 of Protection of Children from Sexual Offences Act, 2012.

2.

Case of the prosecution, in brief, is that on 08.07.2015 a report was lodged by the father of the victim who was a minor that his daughter has been taken away from the lawful guardianship of father & mother and was subsequently found in the custody of the applicant and it was stated that the applicant has committed forceful sexual intercourse with the minor girl. Thereby, the offence is committed. 3.

Learned counsel for the applicant would submit that the prosecutrix/ victim has been examined in this case and she has not supported

the case of the prosecution. He relied on the statement of the victim filed as Annexure A-2 and also submits that the mother has also not supported the case of the prosecution, therefore, the applicant may be enlarged on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the statement of the prosecutrix and her mother, who have not supported the case of the prosecution. Taking into such statement, without any observation on merit, I am inclined to release the applicant on bail.

6.

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

7.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Ashok