Narendra Anant @ Sintu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3145 of 2018 Narendra Anant @ Sintu S/o Shri Krishna Anant Aged About 21 Years R/o Village Narotikanpa, Police Station Kota, Civil & Revenue District Bilaspur Chhattisgarh. --- Petitioner

Versus

State of Chhattisgarh through the Station House Officer, Police Station Koni, Civil & Revenue District Bilaspur Chhattisgarh. --- Respondent For the applicant :

Mr. Parasmani Shriwas, Advocate.

For the Respondent :

Mr. Wasim Miyan, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board .0 6 .2018

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.81/2018 registered at Police Station Koni, Bilaspur (C.G) for the offences punishable under Sections 363, 366, 376(2)(R), 34 of IPC and section 6 of the Protection of Children from Sexual Offences Act, 2012.

2. As per the prosecution case, a report was made by one Sanit Kumar that on 21.3.2018 the applicant forcibly took way his daughter and left her in the possession of other accused namely Surya @ Pratap who committed forcible sexual intercourse with her, thereby the offence has been committed.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated, the main allegation of rape is

against the other accused and the statement of prosecutrix recorded u/s 164 Cr.P.C., will show that the victim herself went along-with the present applicant and other accused Surya and she was major on the date of incident.

4. Per contra, learned State Counsel opposes the bail application.

5. Perused the case diary and the statement of the victim wherein she has not attributed any allegations of rape to the present applicant. Considering such statement and the nature of allegations against the applicant, I am inclined to allow this bail application.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o