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Judgment
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.03/2018, registered at Police Station â€" Masturi, District Bilaspur (C.G.), for the offence punishable under Sections 363, 366, 376, 506, 323 of the
IPC and Section 4 of Protection of Children from Sexual Offences Act.
The present Applicant is in jail since 18.12.2017 in connection with the aforesaid crime number.
The allegation against the present Applicant is of having raped a minor girl to which the family member had lodged the FIR on 18.12.2017.
The learned counsel for the Applicant submits that the prosecutrix has examined so also her family members and none of them have supported the
case of the prosecution and have turned hostile and the Applicant, therefore, be released on bail. This aspect is not disputed by the State counsel of
material witness including the prosecutrix not supporting the case of the prosecution.
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.
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.