Sampat Korram vs State Of Chhattisgarh
2022 Latest Caselaw 6389 Chatt

                                       1

                                                                          NAFR
              HIGH COURT OF CHHATTISGARH, BILASPUR
                         MCRC No. 3596 of 2022
    Sampat Korram S/o Jaisingh Korram Aged About 25 Years R/o Village-
     Aataargao, Police Station Dhodaai, Narayanpur,, District : Narayanpur,
     Chhattisgarh

                                                                  ---- Applicant

                                    Versus

    State Of Chhattisgarh Through- Staton House Officer, Police Station-
     Dhodaai, District : Narayanpur, Chhattisgarh

                                                             ---- Non-Applicant

For the Applicant               :     Mr. Kamlesh Kumar Pandey, Advocate
For Non-Applicant               :     Mr. Sushil Sahu, P. L.
For Objector                    :     Mr. Preetam Singh, Advocate

                    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 05.03.2022 in connection with Crime No.06/2022 registered at Police Station- Dhodaai, District- Narayanpur (C.G.) for the offence punishable under Sections 363, 376 of the IPC and Sections 4, 6 of POCSO Act.

2. The case of prosecution in brief, is that in the month of January, 2021

the applicant is accused of luring a minor prosecutrix of 13 years and making her pregnant by making constant physical relations by luring her in a marriage.

3. Learned counsel for the applicant submits that the applicant has not

committed any offence and has been falsely implicated in this case. He further submits that the age of prosecutrix is doubtful and there is no medical evidence in support of prosecution case and there is possibility of marriage is not ruled out. He relied upon the judgment of Allahabad High Court in case of Monu Vs. State of U.P. Thru. Prin. Secy. Home Lko & 3 Ors. In Criminal Miscellaneous Bail Application No.10567 of 2022. He submits that applicant is in jail since 05.03.2022 and still trial is not concluded, therefore, he may be released on bail.

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

application and submits that the prosecutrix was minor at the time of

said offence, therefore, his application may be rejected.

5. Counsel for the objector did not raise any objection with regard to

grant bail to the applicant.

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

diary.

7. Considering the facts and circumstances of the case, considering the

rival submissions made by counsel for parties, looking to the fact that counsel for objector has raised no objection, medical report, period of detention and trial may take some time, I am inclined to allow this bail application.

8. 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.25,000/- 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.

9. 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.

10. Certified copy as per rules.

Sd/-

(Sachin Singh Rajput) Judge parul