High Court Of ChhattisgarhMCRC/8967/2021allowed

Chhatra Pal Sahu @ Bablu v. State Of Chhattisgarh

2021-12-15Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8967 of 2021 Chhatra Pal Sahu @ Bablu S/ovedram Sahu Aged About 19 Years R/o Village- Mandhar, Near Ajaad Chauk, Near Guddu Kirana Store, Police Station Vidhan Sabha, District- Raipur (C.G.) --- Applicant

Versus

State of Chhattisgarh through- Station House Officer, Police StationVidhan Sabha, District- Raipur (C.G.) --- Respondent For the applicant : Ms. Upasane Mehta, Advocate.

For the Respondent : Mr. Raghavendra Verma, Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board .12.2021

1. This is first 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.337 of 2021 registered at Police Station Vidhan Sabha, District Raipur (C.G) for the offences punishable under Sections 376(2)(n) of IPC and Sections 4 & 6 of the POCSO Act.

2. As per the prosecution case, the applicant knowing fully well that the victim is minor committed forcible sexual intercourse and thereby she became pregnant. She was taken to hospital and the child died after a day. Thereafter, an offence was registered.

3. Learned counsel for the applicant submits that the prosecutrix was aged about 17 years and she was in love affairs with the applicant. He further submits that on 08.12.2021 the victim girl appeared before this Court

through Video Conferencing and made no objection for grant of bail. He further submits that the charge sheet has been filed and the applicant is in jail since 21.09.2021, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application.

5. On 08.12.2012 the victim appeared along with her parents and stated no objection in granting bail to the applicant. Considering the age of prosecutrix that she is 17 years old and the fact that the charge sheet has been filed and no objection has been made by the victim and her parents, 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