High Court Of ChhattisgarhMCRC/620/2021allowed

Deepak Uike v. State Of Chhattisgarh

2021-07-09Hon'Ble The Acting Chief Justice2 pages

MCRC No. 620 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 620 of 2021 • Deepak Uike S/o Rajjan Uike Aged About 21 Years Caste Gond R/o Village Sundarpur Police Station And Post Samnapur District Dindori Madhya Pradesh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Parpa District Bastar Chhattisgarh.

---- Respondent For Applicant :- Mr. Vikas A. Shrivastava, Adv For Respondent-State :- Mr. V.R. Tiwari, Addl. A.G. with Mr.

Arjit Tiwari, PL Prosecutrix appeared through DLSA, Jagdalpur Proceedings through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag.CJ Order On Board 09/07/2021

1. The applicant has preferred this second bail application under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with crime No.01/2020 registered in Police Station Parpa District Bastar C.G. for the offence punishable under Sections 363, 366(A), 376 of the I.P.C. and Section 6 of the POCSO Act, 2012.

MCRC No. 620 of 2021

2. The first bail application filed by the applicant was dismissed on merits granting liberty to revive the prayer after examination of the prosecutrix.

3. In her statement before the Police, the prosecutrix made allegation of abduction and commission of forcible sexual intercourse by the applicant, however, when examined in Court she has not supported the prosecution. She has stated that the applicant has not committed any crime much less sexual intercourse with her.

4. Considering the fact that applicant is in jail since 17.1.2020 i.e., for about 1 1⁄2 year and considering the state of evidence on record , I am inclined to release the applicant on bail.

5. Accordingly, the second bail application is allowed and the applicant is directed to be released on bail on executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

SD/- (Prashant Kumar Mishra) Acting Chief Justice Gowri