High Court Of ChhattisgarhMCRC/2027/2017allowed

Suraj Kumar Sonkar v. State Of Chhattisgarh

2017-10-04Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2027 of 2017 • Suraj Kumar Sonkar S/o Late Shri Dayaram Sonkar, Aged About 22 Years, R/o Bhatapara Shitla Chowk, Police Station Purani Basti Raipur, District Raipur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Amleshwar, District Durg, Chhattisgarh.

... Non-applicant For Applicant :

Shri S.K.Guha, Advocate.

For Non-applicant/State :

Shri Sumit Jhanwar, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 04/10/2017

1. This is the first bail application seeking for grant of bail to the Applicant who is in jail since 10.02.2017 in connection with Crime No.27/2017 registered at Police Station Amleshwar, District Durg, C.G. for the offence punishable under Sections 363, 366/34 of the IPC and Section 11(6), 12 of Protection of Children from Sexual Offences Act, 2012.

2. The allegations against the present applicant is that he was providing company to main accused Netram Sonkar while he was taking the prosecutrix along with him.

3. Learned Counsel for Applicant submits that the prosecutrix has been examined before the trial Court on 20-07-2017 wherein she has been declared hostile and she had not supported the case of prosecution.

-24. This fact has not been disputed by the State counsel upon verifying the record particularly the bail application of Netram Sonkar.

5. Considering the facts and circumstances of the case, particularly the statement of the prosecutrix who has turned hostile and the allegation against the present applicant being only accompanying the main accused, this Court is of the view that a strong case for grant of bail has been made out.

6. Accordingly, the application for grant of bail is allowed. It is directed that the Applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.20,000/- with one surety of the like sum to the satisfaction of the concerned Trial Court for his appearance as and when directed.

Sd/- (P. Sam Koshy) Judge Aadil