Chandrakumar @ Chandu Vs State of Chhattisgarh

This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.203/2024, registered at PS - Devri, District Balod Chhattisgarh, for commission of offence punishable under Sections 137(2), 87, 64 of BNS and Section 5(1),6 of the Protection of Children from Sexual Offences Act.

Case of prosecution, in brief, is that grandmother of prosecutrix/victim lodged missing report to the concerned Police Station, based upon which, FIR was registered and during course of investigation, prosecutrix was recovered from the possession of the present applicant. Her statement was recorded under Section 161 of Cr.P.C, based upon which, applicant was arrested in aforementioned crime.

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Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. Victim and her grandmother have examined before the trial Court and have not supported the case of prosecution. There is no any other criminal antecedents against the applicant. Applicant is in jail since 01.11.2024, conclusion of trial may take some time, hence, applicant may be released on bail.

Per contra, learned State Counsel opposes the bail application and submits that there is specific allegation against the applicant of committing aforesaid offence/crime with minor victim aged about 14 years, hence, he is not entitled for grant of regular bail.

Pursuant to order of this Court, prosecutrix/victim alongwith her grandmother appeared before this Court by virtual mode from the concerned DLSA. She submits that she is having no objection in granting bail to the applicant.

Considering facts of the case, nature of allegations, submission of learned counsel for the parties, further the fact that victim has turned hostile and has not supported the case of prosecution, further considering that there is no any other criminal antecedent against the applicant, charge-sheet has already been filed, detention period of applicant, conclusion of trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application.

Accordingly, bail application is allowed. It is directed that applicant shall be released on regular bail, on his furnishing a bail bond in sum of Rs.10,000/- with one surety in like sum to satisfaction of concerned Court on the conditions that-