High Court Of ChhattisgarhMCRC/6967/2018allowed

Arjun Sonwani v. State Of Chhattisgarh

2018-09-20Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6967 of 2018 Arjun Sonwani S/o Suresh Sonwani Aged About 24 Years R/o Turrapara, Piparsor, Police Station- Balrampur, District- BalrampurRamanujganj, Chhattisgarh. --- Petitioner

Versus

State of Chhattisgarh through Police Station- Balampur, DistrictBalampur- Ramanujganj, Chhattisgarh., District : Balrampur, Chhattisgarh --- Respondent For the applicant :

Mr. Amarnath Pandey, Advocate.

For the State :

Mr. Neeraj Sharma, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board .09.2018

1. This is second bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 107/2017 registered at Police Station Balrampur, Distt. Balrampur, Ramanujganj (C.G) for the offences punishable under Sections 363, 366, 376 of IPC and section 6 of the Protection of Children from Sexual Offences Act, 2012.

2. As per the prosecution case, a report was made by the father of prosecutrix that the applicant enticed away the prosecutrix from the lawful custody of the parents on the pretext of marriage and thereafter committed forcible sexual intercourse and both they had visited different places. subsequently when he refused to marry the prosecutrix, she lodged a report.

3. Learned counsel for the applicant submits that the earlier bail was dismissed on 04.04.2018 with liberty file afresh after

examination of the prosecutrix and now the prosecutrix has been examined and she has not stated anything against the applicant. He further submits that the applicant is in jail since 22.09.2017, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application. However, he is not able to dispute the fact that the prosecutrix has not supported the case of prosecution.

5. Perused the statement of prosecutrix filed as Annexure-2. Wherein Considering the same, without any further observation on merits of the case, I am inclined to allow this bail application.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao