High Court Of ChhattisgarhMCRC/3227/2019allowed

Ritesh Bhoi v. State Of Chhattisgarh

2019-05-20Hon'Ble Shri Justice Sanjay K. Agrawal3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Ritesh Bhoi S/o Shri Santosh Bhoi Aged About 26 Years R/o Majhapara Near Laxmi Chora Baldidih, Police Station Sankara, District Mahasamund Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Station Sankara, District Mahasamund Chhattisgarh ---- Respondent For Applicant Mr. Sumit Shrivastava, Advocate For Respondent /State Mr. Rahul Mishra, Dy. GA Hon'ble Mr. Justice Sanjay K. Agrawal Order On Board 20/5/2019

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.190/2018, registered at Police Station Sankara, District Mahasamund (CG) for the offence punishable under Sections 376, 376(2)(N) of IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

3. The case of the prosecution, in brief, is that the applicant w.e.f. 5.1.2015 to 17.12.2018 committed repeated sexual intercourses against the minor prosecutrix and thereby, committed the

offence.

4. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated, which is apparent from the statement of the prosecutrix dated 11.12.2018. He submits that the applicant is in jail since 18.12.2018 and the charge sheet has already been filed.

5. On the other hand, learned counsel for the State opposes the bail application.

6. Having considered the nature and gravity of the offence and the facts and circumstances of the case, without going into the merits of the matter, as also the fact that pre-trial detention of the applicant is not required and the prosecutrix has already been examined, I am of the opinion that present is a fit case to enlarge the applicant on regular bail.

7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- 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.

8. Certified copy as per rules. Sd/- (Sanjay K. Agrawal) Vacation Judge Shyna