High Court Of ChhattisgarhMCRC/6340/2021allowed

Muskan Ratre v. State Of Chhattisgarh

2021-09-29Hon'Ble Shri Justice Rajendra Chandra Singh Samant3 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6340 of 2021 • Muskan Ratre, D/o Anand Ratre, Aged About 20 Years, R/o Sundrani Video World, Moudhapara, P.S. Azad Chowk, Raipur, District Raipur (C.G.) ---- Applicant

Versus

• State of Chhattisgarh Through P.S. Azad Chowk, District : Raipur, Chhattisgarh ---- Respondent For Applicant : Mr. Kishore Narayan, Advocate.

For State/respondent : Mr. Samir Oraon, Govt. Advocate.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 29/09/2021 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 her as she is in custody in connection with Crime No.77/2021 registered at Police-Station-Azad Chowk, District-Raipur, Chhattisgarh for the offence punishable under Sections 363, 366, 354, 376, 509, 509-B, 294, 323, 427, 120-B, 34 of IPC, under Section 4 & 8 of POCSO Act, 2012.

2. It is submitted by the learned counsel for the applicant, that the applicant has been falsely implicated in this case. The co-accused Vridhi Sahu has been granted bail by this Court in MCRC No.4842/2021 vide order dated 28.7.2021. The case of this applicant is

also similar, therefore, 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 this applicant was the person, who had called the minor victim on the spot where she was molested and disrobed and then her obscene video was prepared on the mobile phone, therefore, the applicant is not entitled for grant of bail.

4. Notice issued to the complainant was returned served for 23.9.2021, but there is no appearance and no representation.

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 on the date of incident i.e. 2.5.2021 the minor victim along with co-accused Vridhi Sahu had been to a party where they had some dispute. On 3.5.2021, this applicant called the victim for settling the dispute. When the victim arrived on the spot, this applicant and the co-accused Vridhi Sahu both thrashed the victim then disrobed her and one obscene video of the incident was also prepared on the mobile phone. There is further allegation of the victim in the case that later on, she was raped by another co-accused Vinay Raksel.

7. Considered on the submissions. The case of this applicant is similar to the case of co-accused Vridhi Sahu, who has been granted bail by this Court, therefore, I feel inclined to allow the bail 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 her 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 her appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha