The court considered the lack of support from the victim and her mother, the prolonged detention of the accused, and the likelihood of a lengthy trial as grounds for granting bail.

JUDGMENT :

N.K. Chandravanshi, J.

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail in connection with Crime No. 178/2018 registered at Police Station City Kotwali, Jashpur, District Jashpur (C.G.) [As per charge-sheet] for commission of offence punishable under Sections 363, 366 (A) and 376 of the Indian Penal Code, 1860 (henceforth 'IPC') and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (henceforth 'the POCSO Act').

2. Case of the prosecution, in brief, is that on 06.9.2018 applicant abducted the victim/prosecutrix from her village, namely, Damgada, Gamhariya, District Jashpur, took her to Gumla, District-Ranchi (Jharkhand), etc. and sexually abused her and thereafter he left her at Gamhariya Barriar on 07.09.2018. On report, being lodged by mother of the victim/prosecutrix, present crime was registered under Section 363 of the IPC against the applicant. After recovery of victim/prosecutrix and completion of usual investigation, charge-sheet under Sections 363, 366 (A) and 376 of the IPC and Section 4 of the POCSO Act has been filed against the applicant.

3. Learned counsel appearing for the applicant would submit that the applicant is innocent person, he has falsely been implicated in the crime in question, as he has not committed the alleged crime. He would submit that as per charge-sheet, victim/prosecutrix herself had gone somewhere without informing her parents. It is further submitted that applicant has filed the certified copy of the statements of the victim/prosecutrix and her mother and father, which have been recorded before the trial Court, in which, the prosecution has declared them hostile as they have not supported the case of the prosecution. He would further submit that the applicant is in jail since 02.08.2021; charge-sheet has already been filed and conclusion of the trial is likely to take considerable time, therefore, the applicant may be enlarged on bail.

4. On the other hand, learned counsel for the State while controverting the submissions made by counsel for the applicant would submit that it is a case of kidnapping of minor victim/prosecutrix and rape of minor girl, the trial is yet to be concluded, therefore, the applicant is not entitled to be released on bail.

5. Father & mother of the victim/prosecutrix had appeared before this Court today through virtual mode from District Legal Service Authority, Jashpur. They submitted that they have no objection, if the bail is granted to the applicant.

6. I have heard learned counsel for the parties and perused the case diary as well as material available on record.

7. Considering the facts and circumstances of the case, particularly, considering the statements of victim/prosecutrix and her mother recorded before the trial Court, in which, they have not supported the case of the prosecution. Also taking into consideration the facts that applicant is in detention since 02.8.2021; charge-sheet has already been filed and the trial is likely to take time for its final disposal; I feel inclined to allow the bail application filed by the applicant. Accordingly, the bail application is allowed.

8. Accused/applicant is directed to be released on bail on his executing a personal bond for a sum of Rs. 30,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Certified copy, as per rules.