Mesh Kumar Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7726 of 2018 • Mesh Kumar Sahu S/o Komal Singh Sahu Aged About 22 Years R/o Village- Parastarai, Police Station- Arjuni, Tahsil And District- Dhamtari,chhattisgarh., District : Dhamtari, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station- Bhakhara, District- Dhamtati, Chhattisgarh., District : Dhamtari, Chhattisgarh ---- Respondent ---------------------------------------------------------------------------------------- For Applicant : Ms. Laxmin Kashyap, Advocate For Respondent/State : Shri Lav Sharma, Panel Lawyer ---------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 13.11.2018 1.

Heard the matter finally.

2.

This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.158/2018 (Special Sessions Trial No. 112/2018), registered at Police Station Bhakhara, District Dhamtari(CG) for the offence punishable under Sections 363, 366, 376, 323 & 506 of the IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012.

3.

As per the case of prosecution, the present applicant abducted the victim and committed sexual intercourse with her against her will.

4.

Learned counsel for the applicant submits that the prosecutrix has been examined before the trial Court and she has not stated anything against the present applicant. She submits that the applicant is in jail since 10.7.2018 and trial may take some time, therefore, he may be released on bail. 5.

On the other hand, learned counsel for the State opposes the bail application.

6.

Perused the entire material available on record. 7.

Considering the facts and circumstances of the case and the fact that the prosecutrix has been examined before the trial Court and she has not stated anything against the applicant, I am inclined to release the applicant on bail.

8.

Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.

9.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

10.

Certified copy as per rules.

Sd/ (Ram Prasanna Sharma) JUDGE sunita