Rohit Nag v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4022 of 2019 • Ronit Nag S/o Gupta Nag Aged About 18 Years 3 months, R/o Titurdih, Ward No.- 19, Police Station- Mohan Nagar, Durg, District- Durg, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through District Magistrate, District- Durg, Chhattisgarh.

---- Respondent __________________________________________________________ For Applicant :

Mr. Avinash Chand Sahu, Advocate.

For Respondent :

Mr. Priyanshu Gupta, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 28/08/2019

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.166/2019 registered at Police Station- Supela, District- Durg(C.G.) for the offence punishable under Sections 363, 366, 376of the Indian Penal Code and Sections 5(L) & 6 of POCSO Act.

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. He is in jail since 07.01.2019. The applicant has not committed any offence. The prosecutrix has been examined before the trial Court where she has not supported the prosecution case, therefore, nothing is left in the

Page No.2 prosecution against the applicant, therefore, he may be enlarged on regular bail.

3. Learned State counsel opposes the bail application and submissions made in this respect.

4. Informant Raj Sinha is present before this Court who has stated that he has no objection in grant of bail to the applicant.

5. Heard both the parties and perused the case diary.

6. According to the prosecution case, this applicant allured the minor prosecutrix of age about 13 years and 6 months with promise to marry her and by abducting her, took her to different places where he exploited her sexually. Hence, this case.

7. On perusal of the certified copy of the deposition of the prosecutrix and other witnesses and none of the witnesses have supported the prosecution case also for the reason that informant in this case have no objection in grant of bail to the applicant, 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 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