Pramod Chauhan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7107 of 2021 Pramod Chauhan S/o Late Hariram Chauhan Aged About 19 Years R/o New Railway Colony, Jhopdi Manikpur, P.S. Kotwali, Korba, District - Korba (C.G.) ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Kotwali, Korba, District - Korba (C.G.) ---- Respondent For applicant - Shri K.P.S. Gandhi, Advocate. For Respondent/State - Shri Ajay Kumrani, PL. Hon'ble Shri Justice Goutam Bhaduri Order 10/12/2021 1.

Heard on application for correction of crime number. 2.

Instead of Crime No.06 of 2021 it is corrected to be 882/2020. 3.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.882/2020 registered in Police Station Thana Kotwali, Korba for offence punishable under sections 363, 366(d), 376/34 of Indian Penal Code and under section 6 read with section 17 of the Protection of Children from Sexual Offences Act, 2012. 4.

As per the prosecution case, the applicant along with the other coaccused enticed away the minor girl from the lawful custody of her parents moved in different places and thereafter committed sexual intercourse, she being minor offence was registered.

5.

Learned counsel for the applicant submits that the victim has been examined before the trial court wherein no allegation is attributed to the present applicant which would be evident from para 5 of PW-1, therefore the applicant may be released on bail.

6.

Learned State counsel opposes the prayer for grant of bail. 7.

Perused the para 5 of the statement of the victim which is statement recorded before the Court which shows that in respect of the present applicant no allegation is attributed to him. Considering the submission of said para, this court is inclined to release the applicant on bail.

8.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri