High Court Of ChhattisgarhMCRC/4048/2020allowed

Fatima Bibi v. State Of Chhattisgarh & ANR.

2020-09-15Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 4048 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4048 of 2020 • Fatima Bibi W/o Moh. Islam, Aged About 65 Years R/o Ward No. 40, Navagadh, Ambikapur, District Surguja Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Station House OfÏcer, Police Station Kotwali, Ambikapur District Surguja Chhattisgarh

2. Kartun Bibi W/o Late Moh. Gafar (Mother Of Prosecutrix), R/o Navagadh, Beside Mahabir Talab, Amabikapur P. S. Kotwali, Tahsil Ambikapur, District Surguja Chhattisgarh ---- Respondent For Applicant Mr. Jitendra Shrivastava, Advocate For Respondent /State Ms. Fouzia Mirza, Additional Advocate General Proceedings through Video Conferencing SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 15/9/2020

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.308/2020 registered at Police Station Kotwali, Ambikapur, District Sarguja (CG) for the offence punishable under Sections 363, 366-A, 368,

MCRC No. 4048 of 2020 376 of the IPC and Section 4 of the Protection of Children from Sexual Offences Act.

3. The applicant has allegedly persuaded the prosecutrix to move along with main accused Ramdhan Chauhan, who abducted and committed rape with the prosecutrix by taking her to a nearby forest. Even though the prosecutrix is said to be aged about 15 years but the fact remains that the role of the applicant is limited in convincing or persuading the prosecutrix to move with the main accused.

4. Therefore, considering that the applicant is in jail since 15.6.2020; the applicant is aged about 65 years and; the charge sheet has already been filed, this Court is inclined to release the applicant on regular bail.

5. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

6. Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna