Rajesh Paswan vs State Of Chhattisgarh
2022 Latest Caselaw 4684 Chatt

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                                                                            NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR
                           MCRC No. 5163 of 2022
    Rajesh Paswan S/o Shri Dil Mohan Paswan Aged About 20 Years R/o
     House Of Pyarelal Sahu Ward No. - 5 H. N. 30995 Rameshwar Nagar P. S.
     Khamtarai Raipur Civil And Revenue District Raipur Chhattisgarh

                                                                   ---- Applicant

                                      Versus

    State Of Chhattisgarh Through P. S. Purani Basti Raipur Chhattisgarh

                                                              ---- Non-Applicant

For the Applicant               :       Mr. Ajay Mishra, Advocate
For Non-Applicant               :       Ms. Priyamvada Singh, Dy.G.A.

                    Hon'ble Shri Justice Sachin Singh Rajput
                                 Order On Board
22.07.2022

   1.

The applicant has preferred this first bail application under Section

439 of Cr.P.C. as he has been arrested in connection with Crime No.56/2021 registered at Police Station- Purani Basti, District- Raipur (C.G.) for the offence punishable under Sections 366, 376, 376(3) of the Indian Penal Code and Section 6 of POCSO Act.

2. The case of the prosecution in brief, is that the applicant took the

prosecutrix from the legal guardianship and with false promise of marriage committed sexual intercourse with her even knowing that she is less than 18 years of age. After investigation charge-sheet has been filed and applicant was arrested on 08.02.2022.

3. Learned counsel for the applicant vociferously submits that applicant

is young person and he has been falsely implicated in this case. He further submits that the age of prosecutrix is not below than 18 years and he got married with prosecutrix and threreafter she delivered a child and now she is residing with the parents of the present applicant, he further submits that charge-sheet has been filed though trial may take some more time and there is presumption of innocent until proven guilty, therefore, the applicant may be enlarged on bail. In support of his submission he placed reliance on a judgment of Allahabad High Court reported in Criminal Misc. Bail Application

No.12510 of 2019 in case of Ramshankar Vs. State of U.P. he particularly relies upon Para 10 and 11. Therefore, applicant may be enlarged on bail.

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

application and submits that the age of the prosecutrix was less than 14 years at the time of commission of offence and she was subjected to forcible intercourse which has come in her statement of 161 and

164. Looking to age of prosecutrix and her statement recorded before trial Court under Section 161 and 164 and the manner offence is committed, applicant is not entitled for grant of bail.

5. I have heard learned counsel for the parties and perused the case

diary.

6. Considering the facts and circumstances of the case and considering

the fact that the victim is aged about 14 years as per prosecution and in her statement of 161 and 164 she has categorically leveled allegations against the present applicant. With due respect I am unable to agree with the view taken by the Hon'ble Allahabad High Court, looking to the material collected by the prosecution in this particular case. Therefore, taking the entirety of facts and circumstances. This Court is of the opinion that the applicant has no case for regular bail.

7. Accordingly, the bail application of applicant is rejected.

                                                 Sd/-            Sd/-

                                                        (Sachin Singh Rajput)

                                                                 Judge




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