Digamber Rajak @ Nanu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3469 of 2018 Digamber Rajak @ Nanu S/o Ashok Rajak Aged About 19 Years Caste Dhobi, R/o Bhathapara, Surajpur District Surajpur Chhattisgarh, ---- Applicant

Versus

State Of Chhattisgarh, Through The Police Station Ajjak Surajpur District : Surajpur, Chhattisgarh ---- Non-Applicant For Applicant :

Mr. A.N. Pandey, Advocate For State :

Mr. Chandresh Shrivastava, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 27/06/2018

1. This is an application filed under Section 439 Cr.P.C. for grant of bail to the applicant, who has been arrested in connection with Crime No. 182/2017 registered at Police Station AJJAK, Surajpur, District Surajpur, Chhattisgarh for the offence punishable under Sections 363, 366, 376(2) of the Indian Penal Code and under Section 6 of Protection of Children from the Sexual Offences and under Section 3(2)(5) Schedule Caste and Schedule Tribe (Prevention of Atrocities Act).

2. The present applicant is in jail since 01.02.2018 in connection with the aforesaid Crime number.

3. The case of the prosecution against the present applicant is that the present applicant knowing fully well that the prosecutrix is a minor girl is said to have abducted her and taken her to different places, where he is said to have had physical relationship with her.

4. The contention of the counsel for the applicant is that during the course of trial, the prosecution has examined the prosecutrix as PW/1, but the prosecutrix has not supported the case of the prosecution and has turned hostile and therefore the chances of the present applicant being convicted has got reduced substantially and hence prayed for grant of bail.

5. The State counsel on verifying the records does not dispute the fact that the prosecutrix has not supported the case of the prosecution.

6. Given the facts and circumstances of the case, particularly, taking note of the fact that the prosecutrix has turned hostile and has not supported the case of the prosecution, this Court is of the opinion that prima facie a fit case has been made out for grant of bail to the applicant. Accordingly, the present application for grant of bail is allowed.

7. 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 Court for his appearance before the said Court as and when directed. Sd/- (P. Sam Koshy) Judge Ved