High Court Of ChhattisgarhMCRC/8410/2020allowed

Vinod Kumar v. State Of Chhattisgarh

2021-04-12Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.8410 of 2020 Vinod Kumar S/o Shri Vijay Singh Aged About 22 Years R/o Village Manjhouli, P. S. Khadgava, District Koriya Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, P. S. Khadgava, District Koriya Chhattisgarh ---- Respondent For Applicant :

Shri Vijay Kumar Sahu, Advocate For Respondent/State :

Shri K.K. Singh, G.A.

S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 12/04/2021 Heard.

1. This is repeat application for grant of bail filed by the applicant. Earlier bail application was rejected by this Court taking into consideration the nature of allegation and gravity.

2. The applicant has been arrested in connection with Crime No.53 of 2020 registered at Police Station- Khadgawa, District Koriya (CG) for the alleged commission of offence under Section 363, 366, 376(2) (<+) of IPC and 6 of Protection of Children from Sexual Offences Act, 2012.

3. Learned counsel for the applicant would submit that now the prosecutrix herself has been examined and she has not supported the case of the prosecution, turned hostile and emphatically stated that no rape was committed on her.

4. On the other hand, learned State counsel opposes the bail application and submits that allegations against the applicant are grave in nature, therefore, the application may be rejected.

5. Taking into consideration the submission of learned counsel for the parties, particularly taking into consideration the submission that the prosecutrix has now been examined and prima facie she does not appear to be supporting

-2the case of the prosecution, therefore, the application is allowed.

6. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with one local surety for the like amount to the satisfaction of the concerned trial Court with following further conditions:

(i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha