Order on Board

24.11.2023

1. The applicant has preferred this First Bail Application under Section

439 of Cr.P.C. for grant of regular bail, as he has been arrested in connection with Crime No.256/2023, registered at Police Station Kanker, District- North-Baster, C.G. for the offence punishable under Section 363, 366, 376, 376 (2) (n) of the Indian Penal Code and Section 4, 6 of the Protection of Children from Sexual Offences Act, 2012.

2. The prosecution story, in brief, is that the complainant-Father of the

victim has lodged a report at Police Station – Kanker against an unknown person that on 24.07.2023 with avernment that her daughter was missing from the house and he tried to search whereabouts of her but she could not traceable, further doubted that someone has abducted her. On the basis of said report, the Police has registered the offence under Section 363 of the IPC. On 26.07.2023, girl was recovered from the house of the applicant, her statement was recorded and alleged offences has been registered.

3. It has been argued by the learned counsel for the applicant as per the prosecution case the age of the victim is 16 years 9 months and 18 days. It is submitted that the applicant has no criminal antecedents and also submitted that the notice was served upon the father of victim and on 31.10.2023, she has appeared before the Court along with her father and submitted that they have no objection to the bail granted to the present applicant. It is further submitted that no injury was found on the body of the victim. It is relevant to mention that the victim in her statement recorded under Section 164 of the Cr.P.C stated that she has physical relationship with the present applicant. The MLC was also found negative. The applicant is in jail since 26.07.2023, hence he prays that the applicant be enlarged on bail.

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

bail application.

5. Heard learned counsel for the parties and perused the material

available on record.

6. Considering the facts and circumstances of the case, submission

made by the learned counsel for the parties and the MSL report which found negative and further the statement of the victim recorded under Section 164 of the Cr.P.C. and no objection made before the Court and the fact that the applicant is in jail since 26.07.2023, I am of the opinion that the applicant is entitled to be released on bail in this case without commenting on the merits of the case.

7. Let applicant, Rupesh Yadav involved in Crime No.256/2023, registered at Police Station Kanker, District- North Baster, C.G. for the offence punishable under Section 363, 366, 376, 376 (2) (n) of the Indian Penal Code and Section 4, 6 of the Protection of Children from Sexual Offences Act, 2012, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall file undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) open