Chattisgarh High Court
Rajesh Nag @ Gunja vs State Of Chhattisgarh on 18 February, 2022
Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No.9518 of 2021
• Rajesh Nag @ Gunja, S/o Dashmoo Nag, aged about 20
years, R/o Vill. Dengamapara Dilmili, PS Bastar, Distt. Bastar
(CG)
---- Applicant (In Custody)
Versus
• State of Chhattisgarh, through P.S. Lohandiguda / AJAK,
Jagdalpur, Distt. Bastar (CG)
---- Non-applicant
For Applicant : Mr. Vikas Shrivastava, Advocate
For Non-applicant : Mr. Afroj Khan, Panel Lawyer.
Hon'ble Mr. Justice Parth Prateem Sahu
Order On Board
18/2/2022
1.This is second application on behalf of applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to applicant as he is in custody since 14.7.2021 in connection with Crime No.41/2021 registered at Police Station Lohandiguda / AJAK, Jagdalpur, District Bastar (CG) for commission of offence punishable under Sections 363, 366, 376 of IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. Previous bail application of applicant bearing M.Cr.C. No.6893/2021 was dismissed as withdrawn vide order dated 16.11.2021 with liberty to revive after examination of material witnesses.
3. Mr. Vikas Shrivastava, learned counsel for applicant would 2 submit that prosecutrix has been examined before trial Court on 22.11.2021 and she did not support case of prosecution.
4. Case of prosecution, in brief, is that on 12.7.2021 brother of prosecutrix lodged report in concerned police station stating that his sister is missing from home. Based on report, FIR was initially registered against unknown person for commission of offence under Sections 363 of IPC. During course of investigation, prosecutrix was recovered on 14.7.2021 from possession of applicant. On the basis of statement of prosecutrix recorded under Section 161 CrPC, applicant was arrested on 14.7.2021.
5. Mr. Vikas Shrivastava, learned counsel for applicant would submit that after withdrawal of first application for grant of regular bail, prosecutrix was examined before trial Court on 22.11.2021 and she did not support case of prosecution. Prosecutrix in her statement has not made allegation of any nature against applicant. He also submits that applicant is in jail since 14.7.2021, there are as many as 18 enlisted prosecution witnesses as such conclusion of trial may take some time, hence applicant may be enlarged on regular bail.
6. On the other hand, Mr. Afroj Khan, learned State Counsel opposes submissions of learned counsel for applicant and submits that serious allegations are levelled by prosecutrix against applicant and co-accused of committing forcible sexual intercourse with her in her statement under Sections 161 & 164 of CrPC. However, he submits that submission of learned counsel for applicant based on Annexure A-3 is to be 3 appreciated by trial Court.
7. Prosecutrix is also present before this Court through virtual mode from the District Legal Services Authority, Jagdalpur. She submits that she is not having any objection in grant of bail to applicant.
8. I have heard learned counsel for the parties.
9. Taking into consideration facts and circumstances of case, nature of allegations; submission of learned counsel for applicant based on deposition sheet of prosecutrix (Annexure A-3), statement of prosecutrix made before this Court; pre-trial detention period of applicant; without commenting anything on merits of case, I find present to be a fit case where applicant can be enlarged on regular bail.
10. Accordingly, bail application is allowed and it is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in like sum to satisfaction of trial Court concerned on conditions that; • he shall appear before trial Court concerned regularly on each and every date unless exempted from appearance.
• he shall not, in any manner, tamper with prosecution witnesses.
• if he is found involved in similar offence in future, it will be open for the State to apply for cancellation of bail. Certified copy as per rules.
Sd/-
(Parth Prateem Sahu) Judge roshan/-