Sanju Kujur Vs State of Chhattisgarh

Applicant has filed this first bail application under Section 439 of CrPC for grant of regular bail as he was arrested in connection with Crime No. 336 of 2023 registered at Police Station Chirmiri, District – Manendragarh-Chirmiri-Bharatpur (C.G.) for offence punishable under Section 363, 366 & 376 of I.P.C. & Section 4 of POCSO Act, 2012.

Case of the prosecution is that, on 11.09.2023 at about 09:00 pm, applicant abducted victim and have committed forceful sexual intercourse with her. Mother of victim lodged missing report based upon which crime was registered initially for offence punishable under Section 363 of I.P.C.. During investigation, victim was recovered and after recording her statement under

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Section 161 of Cr.P.C., other offences were also added and applicant was arrested on 12.09.2023.

Pursuant to notice issued by this Court, victim is present before this Court through virtual mode from DLSA Chirmiri. she submits that she is having no objection in grant of bail to applicant.

Learned counsel for applicant submits that applicant is innocent, he has not committed any offence as alleged. He has been falsely implicated in the aforementioned crime. During trial, victim has now been examined before learned Trial Court and she has not supported the case of prosecution.

Learned State counsel opposes the submission made by learned counsel for applicant and submits that submission of learned counsel for applicant based upon deposition of victim is subject matter of appreciation by learned Trial Court.

I have heard learned counsel for the parties and also perused the documents enclosed with bail application.

Taking into consideration facts and circumstances of the case, nature of allegation, submission made by learned counsel for the applicant based upon the deposition of victim, without commenting anything on merits of the case, I am inclined to enlarge the applicant on bail.

Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of Rs. 25,000/- with one surety in the like sum to

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the satisfaction of the Court on the conditions that -

a) Applicant shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

b) The applicant shall not, in any manner, tamper with the prosecution witnesses.

c) If the applicant is found involved in similar offence in future, it will be open for the State to apply for cancellation of Bail.

Certified copy as per rules.