Poshram Dhruw vs State Of Chhattisgarh
2022 Latest Caselaw 6382 Chatt

                                       1

                                                                        NAFR
              HIGH COURT OF CHHATTISGARH, BILASPUR
                        MCRC No. 6804 of 2022
    Poshram Dhruw S/o Arjun Dhruw Aged About 23 Years R/o Ward No.
     03, Village Mudagaon, Police Station - Chhura, District - Gariyaband
     (C.G.)

                                                                 ---- Applicant

                                    Versus

    State Of Chhattisgarh Through Police Station - Chhura, District -
     Gariyaband (C.G.)


                                                           ---- Non-Applicant

For the Applicant               :     Mr. Moh. Afroz Akhtar, Advocate
For Non-Applicant               :     Ms. Binu Sharma, P. L.

                    Hon'ble Shri Justice Sachin Singh Rajput
                                 Order On Board
19.10.2022

   1.

The applicant has preferred the first bail application under Section 439

of CrPC for grant of regular bail as he is in jail since 07.01.2022 in connection with Crime No.188/2022 registered at Police Station- Chhura, District- Gariyaband (C.G.) for the offence punishable under

Sections 363, 366, 376 (2) (ढ) of the IPC and Section 6 of POCSO

Act.

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

victim a minor girl and committed sexual intercourse with her on more than one occasion on the pretext of marriage. Thereafter, police has registered an FIR against the applicant.

3. Learned counsel for the applicant submits that the applicant and

prosecutrix were in love affair hence false implication of the present applicant. He submits that the applicant is in jail since 07.01.2022 and trial is not concluded as yet. He further submits that the prosecutrix and some other witnesses have been examined and the quality of their evidence is not credible hence the prosecution is not able to prove the fact that the applicant has committed aforesaid crime. He further submits that the applicant is a permanent resident of ward No.

3, village - Mudagaon, Chhura, District Gariyaband (C.G.) and there is no likelihood of the applicant tampering with the evidence or absconding because three star witness of the prosecution including prosecutrix has already been examined and he further submits that the statement of prosecutrix does not inspire confidence because she has given different versions on different occasions. He placed reliance on a recent judgment of the Hon'ble Supreme Court in case of Satendra Kumar Antil Vs. Central Bureau of Investigation & Another reported in 2022 Livelaw (SC) 577 and judgment of Hon'ble Supreme Court of India in CRA No. 1395/2015 in the case of Rajak Mohammad Vs. The State of Himachal Pradesh order dated 23.08.2018 and Judgment of High Court of Chhattisgarh, Bilaspur CRA No. 103/2015 Devising Vs. State of C.G. order dated 19.07.2018 and he submit that now there is no need to keep the applicant behind the Bar and there is presumptions of innocence until proven his guilty. Therefore, there is no prejudice to the trial or the interest of the prosecution, if the applicant is released on bail and he further submits that the medical report also does not support the case of the prosecution and there is no definite opinion is given with regard to sexual intercourse has been done with the prosecutrix.

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

application and submits that the statement of the prosecutrix inspires confidence and however medical report does not support the case of the prosecution. She further submits that this Court may not give any positive findings with regard to the veracity of the statement recorded by the prosecution.

5. Heard the learned counsel for the parties and considered the rival submissions.

6. considered the fact and circumstances of the case, looking to the

detention period of the applicant and nature of the allegations, medical report and at this stage I am inclined to allow this bail application.

7. Accordingly, the bail application filed by applicant is allowed and it is

directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- with one solvent surety for the like amount to the satisfaction of the concerned trial Court. He

shall appear before the trial Court on each and every date given by the said trial Court, till disposal of the trial.

8. It is made clear that the observations made hereinabove is only for the

purpose of deciding the bail application and the trial Court will decide the case on its own merit without being influenced by any observation made hereinabove. It is also made clear that the victim/complainant or State is at liberty to move an application regarding cancellation of bail of the applicant in the event of applicant involving himself in similar offence in future.

9. Certified copy as per rules.

Sd/-

(Sachin Singh Rajput) Judge Vaishali