Rakesh Minj v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3330 of 2018 Rakesh Minj S/o Nawalsay, aged about 23 years, Caste - Uraon, R/o Village Madan Nagar, Tahsil Pratappur, District Surajpur (C.G.) ----Applicant

Versus

The State of Chhattisgarh, through the Police Station Pratappur, District Surajpur(C.G.) ---- Non-applicant For Applicant :

Mr. Rahul Mishra, Advocate.

For Respondent/State :

Mr. Gary Mukhopadhyay, G. A.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 02/07/18 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.45/2018, registered at Police Station- Pratappur, District Surajpur (C.G.) for the offence punishable under Sections 452, 323, 376 of Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act.

2.

Case of the prosecution, in brief, is that the present applicant is said to have committed sexual intercourse with the prosecutrix from 1.10.2013 to 31.12.2017 and thereby committed offence under the aforesaid Sections. 3.

Learned counsel for the applicant would submit that applicant has falsely been implicated in crime in question and has not committed any offence and the FIR was lodged on 09.04.2018 and as such there is

inordinate delay in filing the FIR casting doubt on the prosecutrix. He would also submit that the applicant is in jail since 21.04.2018, charge-sheet has been filed and no useful purpose would be served by detaining him in jail, therefore, the applicant may be released on regular bail. 4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

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

6.

Taking into consideration the facts & circumstances of the case; further taking into consideration the nature & gravity of the offence; role of the present applicant; and the fact that there is delay in lodging the FIR and that the applicant is in custody since 21.04.2018, I consider it a fit case, in which, the applicant should be enlarged on regular bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that the 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.

Sd/- (Sanjay K. Agrawal) Judge Priyanka