Ranjeet Singh Khairwar v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5504 of 2017 Ranjeet Singh Khairwar S/o Suresh, Aged About 21 Years R/o Purshottampur, Uttartola, Balrampur, District Balrampur Ramanujgunj, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Ramanujgunj, District Balrampur Ramanujgunj, Chhattisgarh ---- Respondent For Applicant :

Shri A.K. Prasad, Advocate For State :

Shri Shashank Thakur, Govt. Advocate S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 22/11/2017 Heard.

1. The applicant has been arrested in connection with Crime No.51 of 2017 registered in Police Station- Ramanujganj, District- Balrampur (C.G.) for alleged commission of offence under Sections 363, 366 and 376 (2) (n) IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 Act.

2. Case of the prosecution, in brief, is that the applicant kidnapped and thereafter committed rape on the prosecutrix who is stated to be a minor.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated by the prosecution on exaggerated allegation because he had a love affair with the girl. It is also submitted that the prosecutrix has now been examined in the Court and she has not supported the case of the prosecution and clearly stated that nothing happened to her and the applicant did nothing to her.

4. On the other hand, learned counsel for the State, opposing the bail application, submits that the trial is not concluded and looking to the

-2nature of allegation, the applicant may not be granted bail.

5. Taking into consideration the submissions made by learned counsel for the parties, particularly taking into consideration that the prosecutrix has been examined and the submission that she has not supported the case of the prosecution and turned hostile, the application is allowed.

6. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with one local surety for the like amount to the satisfaction of the concerned trial Court, with following further conditions:

(i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Praveen