High Court Of ChhattisgarhMCRC/2540/2021allowed

Santuram Chhediya v. State Of Chhattisgarh

2021-07-16Hon'Ble The Acting Chief Justice2 pages

MCRC No. 2540 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2540 of 2021

1. Santuram Chhediya, S/o Mangluram Chhediya, aged about 22 years, R/ o Khairanawapara, Police Station & Tahsil - Chhuikhadan, District Rajnandgaon (CG) ---- Applicant

Versus

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

For Non-Applicant : Shri Chandresh Shrivastava, Deputy AG. Proceeding Through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag CJ Order On Board 16/07/2021 :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.101/2020 registered in Police Station: Chhuikhadan, District Rajnandgaon for offence under Section 363, 366 & 376 of the IPC and Sections 4 & 8 of the POCSO Act, 2012.

2. This is the 2nd bail application on behalf of the applicant. The first bail application was dismissed with liberty to revive after examination of the prosecutrix.

3. The applicant has abducted the prosecutrix aged about 14 years and committed forcible sexual intercourse. In her statement to the police, she has made allegations of commission of rape, however, when

MCRC No. 2540 of 2021 examined in the Court, she has denied the incident.

4. The prosecutrix along with her father Manoj Janghel has appeared before this Court through Video Conferencing facility at DLSA, Rajnandgaon. Both of them would submit that they have no objection in releasing the applicant on bail.

5. Considering the state of evidence on record and for the fact that the applicant is in jail since 20.5.2020 i.e. for more than a year and the No Objection accorded by the prosecutrix in releasing the applicant on bail, I am inclined to release the applicant on bail.

6. 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