RAM PRAKASH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the First Bail Application filed under Sec. 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 02.09.2021 in connection with Crime No. 298/2021 registered at Police Station Khadgawa, District Koriya C.G. for the offence punishable under Sec. 363, 366, 376(2) (?) of the Indian Penal Code and Sec. 4 and 6 of POCSO Act.

(2.) As per the prosecution case, the applicant enticed the minor girl and committed forceful sexual intercourse on the pretext of marriage and therefore offence has been committed.

(3.) Learned counsel for the applicant submits that the applicant and the victim were married to each other and out of the wedlock a child was born but subsequently the child died and no forceful rape has been committed and further submit that the victim has also not supported the case of prosecution, therefore the present applicant may be released on bail.