Ramchandra Sahu v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C. No. 4912 of 2017 Ramchandra Sahu S/o Tijau, aged about 32 years, R/o Dullapur, Tahsil Bodla, District Kabirdham (C.G.).

--- Applicant

Versus

State Of Chhattisgarh Through S.H.O. Police Station Taregaon Jangal, District Kabirdham (C.G.).

---Non-applicant For Applicant :

Shri Devesh Chandra Verma, Advocate.

For Respondent/State :

Shri D.R.Minj, Dy.G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 20/11/2017 1.

The applicant has preferred this bail application under Section 439 Cr.P.C. in connection with Crime No.42/2016 registered at Police Station Taregaon Jangal, District Kabirdham (C.G.) for the offence punishable under Section 363, 354(B)/34 of I.P.C. and Section 10, 11 of the Protection of Children from Sexual Offences Act, 2012. 2.

Present applicant is in jail since 01/07/2017. 3.

As per the prosecution case, the present applicant is said to have forcefully abducted the complainant and tried to outrage the modesty of the victim.

4.

The counsel for the applicant submits, that the victim in the instant case has subsequently been examined before the Court below and that she has not supported the case of the prosecution and rather she has turned hostile.

5.

On perusal of the record this fact is not disputed by the State counsel.

-26.

Considering the statement of the victim wherein she has turned hostile and not supported the case of the prosecution, this court is of the opinion that, prima-facie, a strong case has been made out for grant of bail to the present applicant.

7.

Accordingly, the application for grant of bail is allowed. It is ordered that the applicant shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Trial Court. The applicant shall thereafter appear before the Trial Court on each and every date given by the said court.

Sd/- (P. Sam Koshy) Sumit Judge