Himanshu Manikpuri vs State Of Chhattisgarh
2023 Latest Caselaw 321 Chatt

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                                                                             NAFR
              HIGH COURT OF CHHATTISGARH, BILASPUR
                             MCRC No. 9491 of 2022
    Himanshu Manikpuri S/o Dilip Manikpuri Aged About 21 Years R/o Sao
     Dharmshala, Katiyapara, Juna Bilaspur, Police Station- City Kotwali, Tahsil
     And District- Bilaspur Chhattisgarh.

                                                                     ---- Applicant

                                     Versus

    State Of Chhattisgarh Through Station House Officer, Police Station- Sirgitti,
     District : Bilaspur, Chhattisgarh

                                                               ---- Non-Applicant

For the Applicant               :      Mr. Umakant Singh Chandel, Advocate
For Non-Applicant               :      Mr. Kashif Shakeel, Dy. A. G.

                    Hon'ble Shri Justice Sachin Singh Rajput
                                 Order On Board
16.01.2023
    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 07.08.2022 in connection with Crime No.528/2022 registered at Police Station- Sirgitti, District- Bilaspur (C.G.) for the offence punishable under Sections 363, 366, 376 of IPC and Section 4 of POCSO Act.

2. The case of prosecution in brief, is that the complainant lodged a

report alleging that the applicant abducted the minor prosecutrix and committed sexual intercourse with her on the pretext of marriage, therefore, FIR has been registered.

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 age of victim is 17 years and 8 months and she voluntarily accompanied with the applicant, looking to her conduct, that the investigation is complete, applicant is in jail since 07.08.2022, charge-sheet has been filed, trial is not concluded as yet and the applicant is ready to abide by all terms and conditions imposed by this Court, therefore, he may be released on bail. He also placed reliance upon the judgment of Bombay High Court in case of Faizan Wahid Baig Vs. State of Maharashtra passed in bail application No.3372 of

2021 dated 15.11.2022.

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

application and submits that looking to the statement of prosecutrix and she was minor at the time of commission of offence, his application may be rejected.

5. Earlier on 18.11.2022 mother of the prosecutrix appeared in camera

proceedings and raised serious objection in granting bail to the applicant.

6. I have heard learned counsel for the parties and considered their rival

submissions.

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

looking to the evidence collected so far, age of victim and applicant, detention period, trial may take some time and charge-sheet has been filed, 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 made clear that the applicant shall be restrained from meeting to any of the prosecution witnesses till trial is concluded. It is also made clear that the trial Court is at liberty to cancel the bail application of the applicant in the event of applicant involving himself in similar offence in future and violate if any of the conditions.

10. Certified copy as per rules.

                                     Sd/-                      Sd/-

                                                      (Sachin Singh Rajput)
                                                               Judge
parul