Narendra Kumar Dhruv v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4715 of 2017 Narendra Kumar Dhruv S/o Bhisham Dhruv Aged About 25 Years R/o Bade Bharsela, Police Station City Kotwali, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer City Kotwali, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh. ---- Respondent Shri Hemant Gupta, counsel for the applicant/s. Shri Satish Gupta, Govt. Advocate for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 28/07/2017 Heard.

This is third bail application filed in the changed circumstances that the prosecutrix has been examined.

The applicant has been arrested in connection with Crime No.557/2016 registered in Police Station - City Kotwali, Baloda Bazar, Bhatapara (CG) for alleged commission of offences under Section 363, 366, 376 of IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012. 2.

Learned counsel for the applicant submits that the new application has been filed only after examination of the prosecutrix. Referring to the statement of the prosecutrix, it is submitted that the prosecutrix has turned hostile and not supported the case of the prosecution. It is further submitted that most of the important prosecution witnesses including the prosecutrix has been examined. 3.

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

4.

Considering the submission, particularly taking into consideration the submission that the prosecutrix has turned hostile and not supported the case of the prosecution and that the important prosecution witnesses including the prosecutrix has been examined and also considering that the applicant is not likely to abscond or tamper with the prosecution witnesses, I am inclined to grant bail to the applicant.

5.

Accordingly, this application is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.20,000/- along with one local surety for the like amount to the satisfaction of the Trial Court. He shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

Certified copy as per rules.

Sd/- ( Manindra Mohan Shrivastava ) Judge Deepti