RAMESHWAR JATAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the first bail application filed by the Applicant under Sec. 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Cr.P.C.) for grant of regular bail as he has been arrested on 22/6/2022 in connection with the Crime No.199/2022 registered in Police Station Mahasamund (City-Kotwali) for the offence punishable under Sec. 376(2)(n) read with Sec. 34 of IPC, Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the POCSO Act, 2012') and Sec. 67 of Information Technology Act, 2000 (hereinafter referred to as 'the Act, 2000').

(2.) Case of the prosecution is that the prosecutrix lodged the written complaint before the concerned Police Station by submitting therein that 3 years ago, i.e., in the year 2018, she received a missed call on her mobile number from mobile number of Dharmendra Goyal S/o Mahesh Goyal, the co- accused and thereafter, they started talking with each other. It is alleged that he used to tempt her to marry and with the said intention came to Mahasamund to meet her in the month of July, 2021 and on the pretext of marriage, he committed sexual intercourse with her and also took objectionable photographs from his mobile and thereafter he circulated the same to her friends and relatives. It is alleged further that the present Applicant is supporting the alleged act of said Dharmendra Goyal and after due investigation, the alleged offence as mentioned herein-above has been registered by the concerned Police against them, while arresting the Applicant on 22/6/2022.

(3.) Learned counsel appearing for the Applicant submits that the Applicant is innocent and has been falsely implicated in connection with the said crime. While placing the statement of the prosecutrix on record, he submits that a bare perusal of the same would show that the present Applicant was not at all involved in connection with the said crime, yet he has been implicated in the said crime. It is contended further that since statement of the prosecutrix has already been recorded and the Applicant, who is in jail since 22/6/2022, therefore, he may be enlarged on bail.