High Court Of ChhattisgarhMCRC/8295/2018allowed

Ishwar Prasad v. State Of Chhattisgarh

2018-10-31Hon'Ble Smt. Justice Vimla Singh Kapoor2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8295 of 2018 Ishwar Prasad S/o. Bisun Prasad, Aged about 20 years, R/o. Village Champajhar, P.S. Patna, Tehsil Baikunthpur, District Koriya (C.G.) ---- Applicant

Versus

State of Chhattisgarh Through S.H.O Police Station Patna, District Koriya (C.G.) ---- Respondent -------------------------------------------------------------------------------------------------- For Applicant : Mr. Vijay Kumar Sahu, Advocate For Respondent : Ms. M. Asha, Panel Lawyer -------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Vimla Singh Kapoor.

Order On Board 31/10/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant who has been arrested in connection with Crime No. 163/2018 registered at Police Station- Patna, District Koriya (C.G.) for the offence punishable under Sections 363,366,376 (2) (N) IPC and 6 of the Protection of Children from Sexaul Offences Act, 2012,

2. As per prosecution case, a missing report of the prosecutrix was lodged by her father on 25.07.2018 and on the basis of missing report, the applicant was arrested and the prosecutrix was recovered from him.

3. Learned counsel for the applicant submits that the prosecutrix has been examined before the Court below and she has not supported the case of the prosecution. He further submits that there is no

previous antecedents against the applicant and he is in jail since 28.07.2018, therefore, he may be enlarged on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail.

5. Considering the facts and circumstances of the case and the fact that the prosecutrix has not supported the case of the prosecution and further taking into the fact that the applicant is in jail since 28.07.2018, I am inclined to release the applicant on bail.

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

7. It is directed that the applicant shall be released on bail on his furnishing 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, for his appearance as and when directed.

Sd/- (Vimla Singh Kapoor) Judge Jyotishi/ Santosh