Puranik Mahala v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 3249 of 2021 Puranik Mahala, S/o. Raghunath Mahala, aged about 21 years, R/o. Village Nangu Tola (Firtutola), P.S. Mangchua, District Balod, Chhattisgarh. ---- Applicant

Versus

State of Chhattisgarh, Through : S.H.O. Mangchua, Distt. Balod, Chhattisgarh.

---- Respondent For Applicant : Mr. B.P. Singh, Advocate For Respondent/State : Mr. Alok Nigam, G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 06/08/2021 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.47/2019, registered at Police Station - Mangchua, District - Balod (C.G.) for the offence punishable under Section 363, 366 & 376 (2) (n) of the Indian Penal Code and Section 4, 5 (J), 11 (L) of Protection of Children from Sexual Offences Act, 2012.

2.

It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. The applicant is in jail since 08.09.2020. The prosecutrix has been examined in the trial and she has not fully supported the prosecution case. Therefore, it is prayed that the applicant may be released 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, therefore, any

willingness or consent on her part is immaterial. Therefore, the application be rejected.

4.

Prosecutrix had virtually appeared on 29.07.2021 on notice before this Court and has made statement of no objection in grant of bail to the applicant.

5.

I have heard the learned counsel for both the parties and perused the case diary.

6.

As per the prosecution case, it is alleged that this applicant abducted the minor prosecutrix, kept her in his custody and had physical relation with her knowing well that she was not capable to give valid consent as a result of which, she became pregnant.

7.

Considered on the submissions and also perused the certified copy of the deposition of the prosecutrix, prosecutor has declared her hostile on some points, hence looking this development in the trial, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram