Jaiprakash Yadav v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4647 of 2021 • Jaiprakash Yadav, S/o Vishvanath Yadav, Aged About 19 Years, R/o Village Telikham Police Station Lormi, District- Mungeli, Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh Through- Station House Officer, Police Station Vidhan Sabha, District- Raipur, Chhattisgarh. ---- Respondent For Applicant : Mr. J.K. Gupta, Advocate.

For State/respondent : Mrs. Smriti Shrivastava, PL.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 26/07/2021 Heard.

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail to him as he is in custody in connection with Crime No.250/2020 registered at Police-Station-Vidhan Sabha, District-Raipur(C.G.) for the offence punishable under Sections 363, 366, 376 of IPC and Section 4 & 6 of POCSO Act.

2. It is submitted by the learned counsel for the applicant, that the applicant has been falsely implicated in this case. He is in jail since 07.10.2020. Charge-sheet has been filed. The prosecutrix has been examined in the trial and she has not supported the prosecution case in any manner. Therefore, there is no case present against this

applicant, hence, it is prayed that this applicant may be enlarged on regular bail.

3. On the other hand, learned counsel for the State opposes the bail application and the submission made in this respect. It is submitted that the prosecutrix was minor of age below 16 years and, further, she has clearly stated against this applicant in her statement under Sections 161 & 164 CrPC, hence, the application be rejected.

4. Presecutrix is virtually present before this Court through the 'Help Desk' of High Court on notice. She has stated that she has no objection in grant of bail to this applicant.

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

6. As per prosecution case, it is alleged that this applicant abducted the minor prosecutrix, kept her in his custody and exploited her sexually, knowing well that she was not capable to give consent for such relation being minor.

7. Considered on the submissions and also perused the certified copy of deposition of the prosecutrix, which is filed along with the application. It is found that she has been declared hostile by the prosecutor for not supporting the prosecution case, hence, looking to this development, I feel inclined to allow the application of this applicant.

8. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a 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/- (Rajendra Chandra Singh Samant) Judge Nisha