NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No.4060 of 2022

1.

Sukman Vetti S/o Podiya Ram Aged About 20 Years R/o Village Chote Tumnar

(Kasolipara), P.S. Geedam District South Bastar Dantewada, Chhattisgarh

2.

Babis Ujji S/o Lakshman Ujji Aged About 18 Years R/o Village Chote Tumnar

(Kasolipara), P.S. Geedam District South Bastar Dantewada, Chhattisgarh

---- Applicants

Versus

State Of Chhattisgarh Through Police Of Police Station Geedam District South

Bastar Dantewada, Chhattisgarh

---- Respondent

For Applicants

:

Shri Pravin Kumar Tulsyan, Advocate

For Respondent – State

:

Shri G.P. Kurre, PL for the State

Hon'ble Shri Justice Deepak Kumar Tiwari

Order On Board

06.05.2022

1.

The applicants have filed this bail application under Section 439 of the Code

of Criminal Procedure, 1973 for grant of regular bail, who are arrested in

connection with Crime No. 114/2021, registered at Police Station – Geedam,

District – South Bastar, Dantewada, C.G. for the offence punishable under

Sections 376-D, 506/34 of the IPC and Section 4 and 6 of the POCSO Act.

2.

As per the prosecution case, the present applicants has sexually exploited the

minor girl when she was returning to her house after watching Dussehra with

her friends.

3.

Learned counsel for the applicants submits that the applicants are innocent

and they have been falsely implicated in the present case. The prosecutrix

herself has become hostile and not supporting the prosecution case. The

applicants are in custody since 11.11.2021 and final conclusion of trial is likely

to take considerable period, therefore, the accused/applicants may be set at

liberty by granting bail. He submits that the applicants would abide by all

terms and conditions imposed on them while granting bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

However, today the prosecutrix appeared through concerned DLSA along

with her brother and supported the bail application.

5.

Having heard learned counsel for the parties, having regard to the facts and

circumstances of the case, pretrial detention of the applicants and that

prosecutrix herself submits no objection in respect of bail, I am inclined to

release the applicants on bail. Accordingly, the application is allowed. It is

directed that on each of them furnishing a personal bond in the sum of

Rs.25,000/- with ine surety for the like sum to the satisfaction of the

concerned Court, the applicants shall be released on bail on the following

conditions :-

(a) they shall not act in any manner which will be prejudicial to fair

and expeditious trial,

(b) they shall appear before the trial Court on each and every

date given to them by the said Court till disposal of case,

(c) they shall not involve himself in any offence of similar nature in

future.

6.

Certified copy as per rules.

Sd/-

(Deepak Kumar Tiwari)

Judge

Yasmin