High Court Of ChhattisgarhMCRC/2332/2017allowed

Netram Sonkar v. State Of Chhattisgarh

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

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2332 of 2017 • Netram Sonkar S/o Ram Khilawan Sonkar, Aged About 19 Years, R/o Trimurty Chowk, Bhatagaon, Near Jagriti School (Wrongly mentioned as the Bhatapara & Takriti School in the rejection order), Post Office Raipur, 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 Shivendu Pandya, 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 present Applicant is said to have abducted the prosecutrix and taken her to different places upon which father of the prosecutrix lodged a report.

3. Learned Counsel for Applicant submits that this is a case where statement of the prosecutrix has already been recorded in the Court below, copy of which is also annexed along with the bail application.

-2In the said statement of the prosecutrix recorded on 20-07-2017 she has turned hostile and has not supported the prosecution case.

4. This fact has not been disputed by the State counsel upon verifying the record.

5. Considering the statement of the prosecutrix recorded before the Court below and also considering the age of the prosecutrix of 17 years, and also the age of the Applicant, this Court is of the opinion that the present is a fit case where the Applicant can be enlarged on bail.

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