Jahirul Islam Malik v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8550 of 2021 Jahirul Islam Malik S/o Shri Noor Hasan, Aged About 21 Years R/o Ramdilli, Kantakachi, Shyampur, Hawda, West Bangal ---- Applicant

Versus

State Of Chhattisgarh Through- Station House Officer, Police Station Kotwali, Jagdalpur, District Jagdalpur- Bastar Chhattisgarh ---- Respondent For applicant - Shri Ishan Verma, Advocate.

For Respondent/State - Smt. M. Asha, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 09/12/2021 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.287/2020 registered in Police Station Kotwali, District Jagdalpur-Bastar (C.G.) for offence punishable under sections 363, 366, 376 of Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012. 2.

As per the prosecution case on 21/06/2020 the applicant enticed away the minor girl from the lawful custody of their parents on the pretext of marriage, thereafter committed sexual intercourse, thereby offence is committed.

3.

Learned counsel for the applicant submits that the victim has already been examined before the Court and she has not supported the case of the prosecution. He placed reliance on the certified copy of the statement which is filed, therefore submits that the applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the statement of the victim wherein it shows that she has

not supported the case of the prosecution. In view of the fact that the victim has entirely disowned the incident, this court is inclined to release the applicant on bail.

6.

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