Tiju Pal & ANR. v. State Of Chhattisgarh

MCRC No. 4454 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4454 of 2020

1. Tiju Pal S/o Gokul Pal, Aged About 55 Years R/o Labour Camp, Jamul, Bhilai Thasil/ District Durg Chhattisgarh

2. Alok Nayak S/o Bhikhari Nayak, Aged About 66 Years R/o Adiwasi Nagar, Chawni Thana, Jamul, Bhilai, Thasil/district Durg (CG) ---- Petitioner

Versus

• State Of Chhattisgarh Through District Magistrate, Durg, District Durg Chhattisgarh ---- Respondent For Applicants Mr. TK Jha, 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 1/9/2020

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants, who have been arrested in connection with Crime No.42/2020 registered at Police Station Jamul, Durg (CG) for the offence punishable under Sections 195 (v), 363, 366, (ad), 376 (2) of the IPC and Sections 5, 6 of the Protection of Children from Sexual

MCRC No. 4454 of 2020 Offences Act, 2012.

3. Main accused Harekrishna Raut abducted the prosecutrix, aged about 17 years, and committed forcible sexual intercourse while keeping her with him for about 3 months. As against these applicants, the allegation is that they pressurised or threatened the prosecutrix to compromise and not to adduce evidence in the Court. The applicants are the relatives of the accused.

4. Considering that the applicants are in jail since 27.5.2020 and the charge sheet has already been filed as also the nature of allegations against them, I am of the opinion that present is a fit case to release the applicants on regular bail.

5. Accordingly, the bail application is allowed and the applicants are directed to be released on bail on each of them furnishing a personal bond for a sum of Rs.50,000/- with one surety each in the like amount to the satisfaction of the trial Court. They are 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