MOTICHAND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the Second 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 4/8/2021 in connection with Crime No. 252/2021 registered at Police Station Tilda-Newra, Raipur C.G. for the offence punishable under Ss. 363, 366, 376 and 506 of IPC and Sec. 4, 6 of Protection of Children from Sexual Offences Act.

(2.) As per the prosecution case, applicant knowing fully well that the prosecutrix is a minor girl, enticed her away from the lawful custody of her parents and committed sexual intercourse with her on the pretext of marriage.

(3.) Learned counsel for the applicant submits that this is the second bail application and the first bail application was dismissed as withdrawn on 1/2/2022 with liberty to file afresh after examination of the victim/ prosecutrix. He refers to the statement of the prosecutrix and further submits that she has not supported the case of the prosecution and she herself has stated in the statement that she is a major girl, therefore, the applicant may be released on bail.