Naveen Kumar Sahu v. State Of Chhattisgarh

MCRC No. 2253 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2253 of 2019 • Naveen Kumar Sahu, S/o Jageshwar Sahu, aged about 23 years, R/o Village Shankarpur, P.S. Chikhli, District Rajnandgaon (CG) ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police StationBalod, District- Balod, Chhattisgarh. ---- Non-Applicant For Applicant : Shri C.P. Soni, Advocate.

For Non-Applicant : Shri Faiz Kazi, Panel Lawyer. Hon'ble Shri Prashant Kumar Mishra, Ag CJ Order On Board 12/04/2019 :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.457/2018 registered in Police Station Balod, District Balod for offence under Sections 363, 366, 376 of the IPC and Section 4, 5, & 6 of the Protection of Children from Sexual Officences Act, 2012.

2. In her case diary statement, the prosecutrix made allegation of continuous forcible sexual intercourse by the applicant, however, in her statement under Section 164 of the CrPC she has denied that the applicant has ever subjected her to sexual intercourse. She has also

MCRC No. 2253 of 2019 denied that the applicant ever abducted or kidnapped her.

3. Considering different version of the prosecutrix in her statement under Section 161 and thereafter under Section 164 of the CrPC, this Court is inclined to release the applicant on bail.

4. 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. 25,000/- 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