Somu Kumar Masih v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 7868 of 2020 Somu Kumar Masih, S/o. Itwari Masih, aged about 23 years, R/o. Village Vishrampur, Thana Simga, District Balodabazar Bhatapara (Chhattisgarh). ---- Applicant

Versus

State of Chhattisgarh, Through : The Station House In-Charge, Police Station Simga, District Balodabazar Bhatapara Chhattisgarh. ---- Respondent For Applicant : Ms. Supriya Upasne, Advocate For Respondent/State : Mr. Gurudev I. Sharan, Govt. Advocate Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 15/12/2020 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.262/2020, registered at Police Station -Simga, District - Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 363, 366, 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act.

2.

It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. According to the statement given by the prosecutrix under Section 164 of Cr.P.C., no case is made out against the applicant regarding commission of any offence. Therefore, it is prayed that the applicant may be released on regular bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. It is submitted that the prosecutrix has made clear allegation in her statement under Section 161 of Cr.P.C. against the applicant, therefore, the applicant is not entitled for grant of bail.

4.

I have heard the learned counsel for both the parties and perused the case diary.

5.

According to the prosecution case, it is alleged that this applicant abducted the minor prosecutrix of age below 18 years then by keeping her in his custody, he exploited her sexually by having physical relation with her on number of occasions.

6.

Considered on the submissions and the facts of the case. Looking to the statement that has been given by the prosecutrix under Section 164 of Cr.P.C., this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the 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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram