Suraj Bhagat v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3315 of 2020 Suraj Bhagat, S/o Sukru Ram Bhagat, aged about 27 years, R/o Tahsil para P.S. and District Bijapur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through P.S. Bijapur, District Bijapur, Chhattisgarh. ---- Respondent For the Applicant :

Shri Vikas Shrivastava, Advocate.

For the Respondent/State :

Shri Sudeep Verma, Dy. G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

11.06.2020 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.124 of 2020, registered at Police Station - Bijapur, District - Bijapur, Chhattisgarh for the offence punishable under Sections 363, 366 and 376 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012. 2.

Learned counsel for the applicant submits that the applicant is in jail since 5.12.2019 and has been falsely implicated in this case. No case is made out against the applicant on the basis of the material placed before the Court by the prosecution. The prosecutrix has been examined before the trial Court; she turned hostile and has not supported the case of the prosecution. Hence, it is prayed that the applicant be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. 4.

Heard counsel for both the parties and perused the case diary. ` 5.

As alleged, this applicant abducted the minor prosecutrix and has exploited her sexually.

6.

As per the submission, the prosecutrix has been examined before the trial Court; she turned hostile and has not supported the case of the prosecution. Hence, looking to this development, I feel inclined to grant bail to the applicant in this case.

7.

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

8.

It is directed that 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. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi