RAJESH SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the First Bail Application filed under Sec. 439 of Code of Criminal Procedure, 1973 for grant of bail, as he is arrested on 24/02/2022 in connection with Crime No. 86/2022 registered at Police Station Surajpur, District Surajpur (C.G.) for the offence under Ss. 376, 376(2)(n), 294 and 506 of the Indian Penal Code and Sec. 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

(2.) Case of the prosecution, in brief, is that FIR was lodged on 23/02/2022 by the prosecutrix alleging that the prosecutrix and the applicant were known to each other and they were taking through their mobile phones. On 13/08/2020, the applicant took the prosecutrix to his Poultry Farm at village Mahgawan and committed sexual intercourse on the promise of marriage. He has also committed intercourse with the prosecutrix on another occasion. Subsequently when the prosecutrix stopped talking with the applicant, he gave threatening to father of the prosecutrix. On written report being lodged to the above effect, aforesaid offence has been registered against the accused.

(3.) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He submits that the incident was allegedly committed on 13/08/2020 and according to the prosecution story when the prosecutrix was going to the College, on the way the applicant met her and took her to Poultry Farm where he committed sexual intercourse with the prosecutrix and according to the prosecution, on the date of incident she was below 18 years of age. He further submits that on the date of incident there was lockdown and therefore, it cannot be presumed that on that day the prosecutrix was going to the College. He further submits that the report of the said incident was made on 23/02/2022, i.e. about one year and six months after the incident. The explanation offered for delay is unrealistic. He further submits that the applicant was arrested on 24/02/2022 and investigation is completed and charge sheet has already been filed. He submits that there was love affair between the prosecutrix and the applicant but when it was disclosed to the parents of the prosecutrix, then under pressure of her parents, a false report was lodged after delay of one year and six months. He also submits that conclusion of the trial is likely to take some time and there is no medical report to support the case of the prosecution. Therefore, the applicant be released on bail.