Chandan Das v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5631 of 2016 Chandan Das, S/o Misir Das, Aged About 29 Years, R/o VillageLodhima, P.S. Manipur, Tahsil Ambikapur, District- Surguja (Chhattisgarh) ---- Applicant

Versus

State Of Chhattisgarh, Through Police Chowki Manipur, Police Station- Ambikapur, District- Surguja Chhattisgarh ---- Respondent For applicant - Shri Arvind Sinha, Advocate. For Respondent/State - Shri Anil S. Pandey, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 23/09/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.252/2016 registered in Police Station Police Chowki Manipur, Police Station-Ambikapur, District-Surguja (C.G.) for offence punishable under sections 376 (2) (<), 294, 323, 506 of Indian Penal Code and Section 5 B/6 of Protection of Children from Sexual Offences Act, 2012.

2.

As per the prosecution case, a report was made on 20/04/2016 by Rajendra Prasad Prajapati the father of the prosecutrix that her daughter was enticed away initially on 13/01/2015 by the applicant on the pretext of marriage and the applicant committed sexual intercourse and the report was made. Subsequently, when the applicant came out after being released on bail, again on the allurement of marriage applicant committed sexual intercourse on 19/04/2016. Thereby, offence is committed. 3.

Learned counsel for the applicant submits that the acquittal order dated 26th November, 2015 passed in Sessions Trial No.18/2015 is on record and submit that on the similar allegation, the applicant was inculpated wherein the applicant has been acquitted and subsequently

after release again this report is made. Therefore, learned counsel submits that under the facts, false allegation has been attributed against the applicant and he may be released on bail. 4.

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

Perused the case diary and the documents. Considering the fact that similar allegations were attributed against the applicant in 2015 and the applicant has been acquitted in that case. Also considering the statement and background of the case, 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