High CourtsSingle Bench(2018) 04 CHH CK 0193

Rajesh Kumar Kushwaha vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 16 April 2018

HON’BLE JUDGES
P. SAM KOSHY, J
RESULT
Allowed
CASE NUMBER
MCRC No. 1587 of 2018

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Judgment

14 paragraphs · 272 words
1.

This is an application filed under Section 439 Cr.P.C. for grant of bail to the Applicant, who has been arrested in connection with Crime

No.235/2017, registered at Police Station â€" Sitapur, District Surguja (C.G.), for the offence punishable under Sections 363, 366-A, 115, 376, 506, 34

of IPC and Section 3(A), 4, 17 of Protection of Children from Sexual Offences Act, 2012.

2.

The present Applicant is in jail since 30.11.2017 in connection with the aforesaid crime number.

3.

The allegation against the present Applicant is that he takes the prosecutrix to the different places on a motorcycle and where the main accused

have made physical relationship with the prosecutrix aged about 17 years 8 months.

4.

The learned counsel for the Applicant submits that there is no allegation against the present Applicant in respect of the offence in which he has

been charged. Only allegation is that he provided lift on his motorcycle to the main accused Harish Singh and took the prosecutrix from one place to

another.

This aspect has not been disputed by the State counsel.

5.

Given the aforesaid facts and circumstances of the case, this Court is of the opinion that the prima facie a strong case has been made out for grant

of bail to the Applicant. Accordingly, the present application for grant of bail is allowed.

6.

It is directed that the Applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum

to the satisfaction of the concerned Court for his appearance before the said Court as and when directed.