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High Court Of ChhattisgarhCRMP/473/2021disposed off

Lokesh Yadav v. State Of Chhattisgarh

2021-06-08Hon'Ble Shri Justice Rajendra Chandra Singh Samant4 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 473 of 2021 • Lokesh Yadav S/o Shri Mannu Yadav, Aged About 20 Years, R/o Ward No.3, Tumgaon, Police Station Tumgaon, Tehsil and District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ---- Petitioner Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Mahasamund District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ----Respondent Non-applicant For Applicant/Petitioner - Shri Surfaraj Khan, Advocate. For State/Non-applicant - Shri Sameer Uraon, Govt. Advocate. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 08-06-2021 1.

This petition has been brought praying for correction in the order that has been passed by this Court in MCRC No.1941 of 2021 on 17-05-2021. 2.

It is submitted that there is clerical error in the order in question regarding the crime number, police station and also description of the offences, which is required to be corrected. Therefore, this petition may be allowed. 3.

Considered on the submissions and also perused the record of MCRC No.1941 of 2021 and on that basis it is found, that the clerical mistakes mentioned hereinabove have been made in the aforesaid order dated 17-052021, which requires correction. 4.

Therefore, the present petition filed under Section 482 of the Cr.P.C. is allowed. It is ordered that crime number in the first paragraph of the order dated 17-05-2021 in MCRC No.1941 of 2021 be now read as Crime No.176/2020. Police station mentioned in the same order be now read as Police Station- Mahasamund, District Mahasamund (C.G.) and in the description of the offences it shall be read as the offences under Section 363, 366 and 376(3)/34 of the IPC and Section 4 of POCSO Act.

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Copy of this order be made part of MCRC No.1941 of 2021. 6.

The petition stands disposed off.

Certified copy today.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1941 of 2021 • Lokesh Yadav S/o Shri Mannu Yadav Aged About 20 Years R/o Ward No. 3, Tumgaon, P.S. Tumgaon, Tehsil And District : Mahasamund, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Mahasamund, District : Mahasamund, Chhattisgarh ---- Respondent ____________________________________________________________ For Applicant :

Mr. Surfaraj Khan, Advocate.

For Respondent/State :

Mr. Adil Minhaj, Govt. Advocate.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 17/05/2021 Heard.

1. This is the second bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail to him as he is in custody in connection with Crime No.480/2020 registered at Police - Station-Khamtarai, District-Raipur (C.G.) for the offence punishable under Section 363, 366, 376 of IPC and Section 6, of POCSO Act.

2. It is submitted by the learned counsel for the applicant that the first bail application was dismissed as withdrawn on 19.11.2020. It is next submitted that the applicant has been falsely implicated in this case. The prosecutrix was not minor and the relationship of the applicant and prosecutrix was based on consent and during trial she has not

Page No.2 supported the case of the prosecution, hence, there is no case against this applicant, hence, it is prayed that he may be enlarged on regular bail.

3. On the other hand, learned counsel for the State opposes the bail application and the submission made in this respect. It is submitted that prosecutrix clearly alleged the applicant in her diary statement and the statement under Section 164 Cr.P.C., therefore, the applicant is not entitled for grant of bail.

4. Notice has issued to complainant.

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

6. As per prosecution case, it is submitted that this applicant abducted the minor prosecutrix and he exploited her sexually knowing well that she was not capable to give valid consent for such relationship.

7. Considered on the submissions. On perusal of certified copy of deposition of prosecutrix, it is found that she is a hostile witness. Hence, looking to this development, I feel inclined to allow the application of this applicant.

8. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a 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.

Sd/- (Rajendra Chandra Singh Samant) Vacation Judge Yasmin