High Court Of ChhattisgarhMCRC/3746/2020partly allowed

Akash Chouhan & ANR. v. State Of Chhattisgarh

2020-09-16Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 3746 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3746 of 2020

1. Akash Chouhan S/o Lalit Chouhan Aged About 18 Years R/o Village Patrapali (Kotarliya) Station Para, Police Station Chakradhar Nagar, Raigarh, Tahsil And District Raigarh Chhattisgarh

2. Suraj Chouhan S/o Lalit Chouhan Aged About 20 Years R/o Village Patrapali (Kotarliya) Station Para, Police Station Chakradhar Nagar, Raigarh, Tahsil And District Raigarh Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Of Police Station Kotra Road, Raigarh, District Raigarh Chhattisgarh ---- Respondent For Applicants Mr. Manoj Kumar Jaiswal, Advocate For Respondent /State Ms. Fouzia Mirza, Additional Advocate General Proceedings through Video Conferencing SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 16/9/2020

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants, who have been arrested in connection with Crime No.9/2020 registered at Police Station Kotra Road, Raigarh, District Raigarh

MCRC No. 3746 of 2020 (CG) for the offence punishable under Sections 363, 366, 376 of the IPC and Sections 4, 6 & 17 of the Protection of Children from Sexual Offences Act, 2012.

3. Applicant No.1 Akash Chouhan has committed rape with the prosecutrix, aged about 14 years, therefore, the bail application filed on his behalf is dismissed reserving liberty to revive the prayer after examination of the prosecutrix.

4. So far as applicant No.2 Suraj Chouhan is concerned, the only allegation against him is that applicant No.1 Akash Chouhan and the prosecutrix stayed in his house when the rape was committed. Even in respect of abduction, there is no allegation against applicant No.2.

5. Therefore, in the considered opinion of this Court, applicant No.2 Suraj Chouhan is entitled to be released on bail.

6. Accordingly, the bail application filed on behalf of applicant No.2 Suraj Chouhan is allowed and he is directed to be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- with one surety in 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.

7. Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna