Manjay @ Manje Thakur v. State Of Chhattisgarh
-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4959 of 2020 Manjay @ Manje Thakur S/o Dharmendra Thakur Aged About 20 Years, R/o Village Thakur Tola, P. S. Loriya, District Pashchim Betiya (Bihar) ---- Applicant
Versus
State Of Chhattisgarh Through The Station House Officer, Police Station Bodhghat, District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh ---- Respondent For Applicant :
Shri P.K. Tulsyan, Advocate For State :
Shri Ravish Verma, Govt. Advocate S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 17/09/2020 Heard.
1. The applicant is arrested in connection with Crime No.247/2019 registered in Police Station - Bodhghat, District- Bastar (CG) for alleged commission of offence under Sections 363, 366, 376 (3) IPC and Section 6 of the Protection of Children from Sexual Offences Act 2012.
2. Case of the prosecution, in brief, is that the applicant abducted and raped the prosecutrix who is a minor.
3. Learned counsel for the applicant argues that the applicant was falsely implicated in the case. He would submit that the prosecutrix has now been examined in the Court and in her Court evidence, she has not supported the case of the prosecution and turned completely hostile. She has neither stated regarding abduction nor commission of offence of rape. Therefore, at this stage, when the most important witness of the prosecution namely
-2prosecutrix has been examined, the applicant may be granted bail.
4. On the other hand, learned counsel for the State opposed the bail application by submitting that the nature of allegations against the applicant are grave. He would submit that trial is still going on and many other witnesses are yet to be examined. He would further submit that evidence of the witnesses is a matter of appreciation during trial. He would lastly submit that the informant/complainant has also not been served till now. Therefore, the application may be rejected.
5. I have heard learned counsel for the parties.
6. Section 439 (1A) Cr.P.C. provides for grant of opportunity to the informant/representative where the accused is alleged to have committed offence/any of the offence specified therein and one of them is an allegation of commission of offence under Section 376 (3) IPC where the prosecutrix is less than 16 years of age.
7. In the present case, the notice on the prosecutrix/informant has not been served, but the main ground on which the prayer for grant of bail is being made is that now the prosecutrix herself has been examined in the Court and her Court statement has also been placed on record. It is not a case where the prosecutrix has stated anything against the present applicant to indicate that prosecutrix would be having any objection. The statement made before the Court, read as it is, without any appreciation, is that nothing happened to her.
Therefore, in such an extraordinary situation where the prosecutrix has been examined in the Court prior to decision of bail application and there she turned completely hostile and does not give any evidence of commission of rape on her much less by the accused who is praying for grant of bail, there would be no impediment in granting bail even if the informant/representative is not present at the time of hearing of application for grant of bail.
-3application 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/- along with one local surety for the like amount to the satisfaction of the concerned trial Court with following further conditions:- (i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.
9. It is made clear that the bail is being granted without awaiting service of notice on informant/representative in an extraordinary circumstances stated in the case and it should not be taken as statement of law of universal application in all the cases.
Sd/------ (Manindra Mohan Shrivastava) Judge Praveen