Pradum Rao @ Praduman Rao v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6083 of 2021 1.
Pradum Rao @ Praduman Rao S/o Suchit Rao, Aged About 24 Years, R/o Village Santrapali, Police Station Sadarbanpali, District Sundergarh (Odisha).
---- Applicant
Versus
1.
State Of Chhattisgarh, Through Station House Officer, Police Of Police Station Duldula, District Jashpur (C.G.). ---- Non-Applicant For Applicant : Mr. Sanjeev Kumar Sahu, Advocate.
For Non-Applicant/State : Mr. Anand Verma, Dy. Govt. Advocate. Hon'ble Shri Justice Gautam Chourdiya Order on Board 29/11/2021 1) This is the First Bail Application filed under Section 439 of Code of Criminal Procedure, 1973 for grant of bail as he is arrested on 03/01/2021 in connection with Crime No. 01/2021 registered at Police Station Duldula, District Jashpur (C.G.) for the offence under Sections 363, 366(A) & 376(2)(I) of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
2) Allegation against the present applicant is that he abducted the prosecutrix, a minor girl of 16 years and had forcible sexual intercourse with her on the pretext of marriage. On written report being lodged to the above effect, aforesaid offence has been registered against the accused.
3) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He submits that parents of the prosecutrix have been examined before the Trial Court and not supported the prosecution case. He submits that
there is no apprehension of the applicant tampering with the evidence or absconding. He also submits that the applicant is in jail since 03/01/2021, charge-sheet has already been filed and conclusion of the trial is likely to take some time. Therefore, the applicant be released on bail.
4) On the other hand, learned counsel for the State opposes the bail application.
5) Father of the prosecutrix appeared before this Court through video conferencing from Taluka Vidhik Seva Samity, Kunkuri, District Jashpur on 10/11/2021 and raised no objection to release of the applicant on bail.
6) I have heard learned Counsel for the parties 7) Considering the facts and circumstances of the case, the evidence of the prosecutrix (Annexure A-2) where she was neither abducted by the applicant nor subjected to forcible sexual intercourse, she was turned hostile; the evidence of parents of the prosecutrix i.e. PW-02 & PW-03, no objection raised by the prosecutrix and her parents to release of the applicant on bail, the detention period of the applicant who is 24 years old, charge sheet has already been filed, the fact that there is no apprehension of the applicant tampering with the evidence or absconding as admitted by both the counsel and that conclusion of trial may take some time, the application is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 1,00,000/- with two sureties of Rs. 50,000/- to the satisfaction of the concerned Trial Court, he shall be released on bail on the following conditions:- i.
he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, ii.
he shall not act in any manner which will be prejudicial to
fair and expeditious trial, iii.
he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial, iv.
he shall strictly follow the COVID-19 protocol issued by the Central Govt./State Govt./Local Authority, v.
he shall not involve himself in any offence of similar nature in future.
Let a copy of this order be forwarded to the concerned Police Station forthwith who shall inform the trial Court in the event of applicant involving himself in similar offence in future. -Sd/- (Gautam Chourdiya) Judge Chandrakant