Parmanand Nishad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3196 of 2021 Parmanand Nishad S/o Gajanand Nishad Aged About 22 Years R/o Durga Nagar, Birgaon, Police Station Urla, District (Revenue And Civil) Raipur Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Urla, District Raipur Chhattisgarh.

---- Respondent For the Applicant :

Shri Yogesh Pandey, Advocate.

For the Respondent/State :

Shri Ashish Tiwari, G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

23.06.2021 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.121 of 2021, registered at Police Station - Urla, District - Raipur, Chhattisgarh for the offence punishable under Sections 363, 366 and 376 of the Indian Penal Code and Sections 4 and 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 20.4.2021 and has been falsely implicated in this case. The prosecutrix was not minor on the date of incident. No case is made out against the applicant on the basis of the material placed before the Court by

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. It is submitted that the prosecutrix was minor on the date of incident and her consent is immaterial. Hence, no case is made out for grant of regular bail to the applicant. 4.

The prosecutrix is present before this virtual Court through the HelpDesk of the DLSA, Raipur, District Raipur. She made a statement that she has no objection in grant of bail to the applicant. 5.

Heard counsel for both the parties and perused the case diary. 6.

According to the prosecution case, it is alleged that this applicant abducted the minor prosecutrix and then after performing sham marriage with her he had physical relation with her on several occasions knowing well that she is not competent to give such consent. 7.

Considered the submissions and the facts present in this case. Looking to the statement of no objection given by the prosecutrix, I feel inclined to grant regular bail to the applicant. 8.

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

9.

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