Ramesh Prajapati Vs State of Chhattisgarh

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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M.Cr.C. No. 7659 of 2023

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Ramesh Prajapati, S/o Shri Harchhati Prajpati, aged about – 25 years, R/o Village – Mawai, Police Station – Churhat, Civil & Revenue District – Sidhi (M.P.)

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---- Applicant

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Versus

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State of Chhattisgarh, Through : The Station House Officer, Police Station – Champa, Civil & Revenue District – Janjgir-Champa (C.G.)

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----Non-applicant

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------------------------------------------------------------------------------------------------For Applicant : Mr. P.M. Shriwas, Advocate. For Non-applicant : Mr. U.P.S. Sahu, Panel Lawyer For Complainant : Mr. Akash Agrawal, Advocate.

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Hon'ble Mr. Justice Naresh Kumar. Chandravanshi

Order On Board

22-01-2024

Heard.

This is second bail application under Section 439 of the Code of Criminal Procedure filed by the applicant, who has been arrested on 08.05.2023 in connection with Crime No. 303/2022 registered at Police Station Champa, District Janjgir-Champa (C.G.) for commission of offence punishable under Sections 363, 366 & 376 of the Indian Penal Code and Section 6 of Protection of Children from Sexual Offences Act, 2012.

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The applicant's first bail application was dismissed on merits by this Court vide order dated 20.09.2023 passed in M.Cr.C. 5224 of 2023.

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Allegation against the present applicant in the instant case is that on 11.07.2023 applicant allured the minor/prosecutrix, aged about 15

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years at the time of incident and took her to Rewa, subsequently on 30.07.2022, victim was recovered from Railway Station, Champa, thereafter, her statement was recorded in which she deposed against the applicant that he abducted and sexually exploited her. Based on above facts, present crime has been registered against the applicant and he was arrested on 08.5.2023.

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Learned counsel appearing for the applicant would submit that after rejection of first bail application, deposition of father & mother of victim have been recorded before the trial Court as PW-1 & PW-2, respectively, certified copy of the same has been filed, but they have been declared hostile by the prosecution, as they have not supported the case of the prosecution. It is further submitted that summon had been issued to victim/prosecutrix, but the same could not be served, as she has again left her house, which has also been stated by her parents in their depositions recorded before the trial Court. It is further submitted that the victim was not recovered from exclusive possession of the applicant; the applicant is in custody since long; conclusion of the trial is likely to take long time, hence, considering the aforesaid facts & circumstances of the case, the applicant may be enlarged on bail.

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On the other hand, counsel for the State opposes the bail application.

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On 29.11.2023, father & mother of the prosecutrix appeared in person alongwith their counsel before this Court. They submitted no objection to grant bail to the applicant.

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I have heard learned counsel appearing for the parties and perused the case diary.

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Having considered the facts & circumstances of the case, particularly considering the deposition of father & mother of the victim/prosecutrix, who have turned hostile and further considering the

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fact that victim herself had again left parents, as they have stated in their deposition; applicant is in detention since 08.05.2023, therefore, considering to the totality of aforesaid facts situation of the case, I am inclined to release the applicant on bail. Accordingly, second bail application is allowed.

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Accused/applicant is directed to be released on bail on his executing a personal bond for a sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

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Certified copy, as per rules.

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Sd/(Naresh Kumar Chandravanshi) Judge

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Amit/-

Ramesh Prajapati v. State of Chhattisgarh

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Ramesh Prajapati v. State of Chhattisgarh

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