Kameshwari Rajput v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 4906 of 2021 • Kameshwari Rajput W/o Nutan Rajput (Rajpoot) Aged About 32 Years R/o Village Dadar Khurd, Korba, District Korba, Chhattisgarh., District : Korba, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Of Police Chowki Manikpur, Police Station Kotwali, Korba, District Korba, Chhattisgarh., District : Korba, Chhattisgarh ---- Non-applicant For Applicant : Mr. Amit Kumar, Advocate.

For Non-applicant/State : Ms. Akshara Amit, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 13-08-2021

1. Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 03.06.2021 in connection with Crime No. 452/2021, registered at Police Chowki Manikpur, Police Station Kotwali, Korba District- Korba, C.G. for offence punishable under Section 363 of I.P.C. and Sections 6 and 8 of POCSO Act.

2. It is submitted by learned counsel for the applicant that applicant is in jail since 03.06.2021. Totally false F.I.R. has been lodged against the applicant and false allegations are made by the complainant and the victim. Hence, it is prayed that she may be granted bail.

3. Learned counsel for the State/non-applicant opposes the application and submits that the victim in this case is a boy of age about 14 years

-2and he has made a clear statement against the applicant under Section 164 of Cr.P.C., therefore, it is prayed that this application may be rejected.

4. Notice issued to the complainant has been returned served but there is no appearance no representation.

5. Heard learned counsel for the parties and perused the case diary.

6. According to the prosecution case, it is alleged that this applicant abducted the minor victim of age about 14 years, who is a boy and then she exploited him sexually for satisfying her own lust regarding which F.I.R. has been lodged. Hence, this case.

7. Considered on the submissions. I am of this view that this applicant, who is a woman should be granted regular bail. Therefore, her application for grant of regular bail is allowed.

8. Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on her furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for her appearance as and when directed.

9. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Monika