Order On Board

22.02.2022 This application under Section 439 of the Cr.P.C. has been filed by the accused/applicant, who is languishing in jail since 18.10.2021 in connection with Crime No.234/2021 registered at Police Station New Rajendra Nagar Raipur, District Raipur for the offence punishable under Section 376-AB of IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

2. Prosecution story in nutshell is that the complainant – mother of the minor victim who is aged about 5 years, lodged a report on 16.10.2021 that on 05.07.2021 the complainant/mother went along with her child/victim for job interview in the office situated at Lalpur where the applicant is already working and left her daughter in the reception counter at about 12 PM. Thereafter, when she came back to her house, her daughter informed that the applicant had sexually exploited her. It is also alleged that the applicant came to the house of victim’s mother on 23.08.2021 and committed the same offence.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He submits that the complainant lodged a false report as earlier she has also lodged report against her father that her father touches the private part of the victim. He further submits that complainant had left her husband and residing alone with her daughter/victim and she is habitual to implicating the persons and demanding amount from them by threatening them, which is clear from the statement of the complainant’s mother that mental condition of the complainant is not good. In these circumstances, the accused/applicant may be set at liberty by granting bail. He submits that he would abide by all terms and conditions imposed on him while granting bail.

4. On the other hand, learned State counsel and mother of the victim opposes the prayer for bail.

5. I have considered the facts and circumstances of the case, nature of allegation, particularly, considered the statement of the complainant’s mother recorded under Section 161 Cr.P.C. that the mental condition of the victim’s mother/complainant is not good and she has also stated that the complainant is habitual to implicate the persons in false allegations. Even victim’s mother has lodged similar complaint against her father therefore, in these circumstances, this Court is of the opinion that accused/applicant can be granted bail.

Accordingly, the application is allowed and it is directed that on his furnishing a personal bond in the sum of Rs.5,000/- with one surety for the like sum to the satisfaction of the concerned Court, the applicant shall be released on bail on the following conditions:-

(a) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial, (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of case, (d) he shall not involve himself in any offence of similar nature in future.