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Judgment
This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been
arrested in connection with Crime No.5/2018, registered at Police Stationâ€" Barsoor, Districtâ€" Dantewada(C.G.) for the offence punishable under
Sections 363, 366 & 376 of Indian Penal Code (for short 'IPC') and Section 4 of POCSO Act.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. Applicant is in jail since 26.2.2018.
No case is made out against this applicant according to the material present in the charge-sheet. The prosecutrix and this applicant had love affair and
were living together from quite some time. The real mother of applicant Smt. Ramdei and Sukmati the aunt of the prosecutrix have given affidavit
before the Sessions Court, that they have no objection, which was not considered by the Sessions Court. Applicant still want to continue relation with
the prosecutrix. Hence, it is prayed that bail be granted.
Learned State counsel opposes the bail application and submissions made in this respect. It is submitted that the prosecutrix is a minor, therefore,
any consent given by her or any submission made by her is of no consequence, hence, the application be rejected.
Heard both the parties and perused the case diary.
According to prosecution case, this applicant abducted the minor prosecutrix and established physical relation with her on number of occasions
because of which she became pregnant and gave birth to a child. The child could not survive after one month. Complainant Rati Ram has objected to
this relation of the applicant and prosecutrix and lodged FIR. Hence, this case.
Considered on the material present in the case diary, there is mention of affidavit filed by Ramdei and Sukmati in the order passed by the Sessions
Court the Radiologist report shows, that the age of prosecutrix about is 18 to 20 years, hence, it appears that this applicant has a good case to defend
himself. For this reason, I am of this opinion that this is a fit case where the applicant should be enlarged on regular bail.
Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on him
furnishing a personal bond for a sum of Rs.25,000/-with one surety in the like sum to the satisfaction of the concerned trial Court, for him appearance
as and when directed.