ASJAD ANSARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The accused/applicant has moved this bail application under Sec. 439 of the Code of Criminal Procedure for releasing him on regular bail in connection with Crime No. 178/2018 registered at Police Station City Kotwali, Jashpur, District Jashpur (C.G.) [As per charge-sheet] for commission of offence punishable under Ss. 363, 366 (A) and 376 of the Indian Penal Code, 1860 (henceforth 'IPC') and Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (henceforth 'the POCSO Act').

(2.) Case of the prosecution, in brief, is that on 6/9/2018 applicant abducted the victim/prosecutrix from her village, namely, Damgada, Gamhariya, District Jashpur, took her to Gumla, District-Ranchi (Jharkhand), etc. and sexually abused her and thereafter he left her at Gamhariya Barriar on 7/9/2018. On report, being lodged by mother of the victim/prosecutrix, present crime was registered under Sec. 363 of the IPC against the applicant. After recovery of victim/prosecutrix and completion of usual investigation, charge-sheet under Ss. 363, 366 (A) and 376 of the IPC and Sec. 4 of the POCSO Act has been filed against the applicant.

(3.) Learned counsel appearing for the applicant would submit that the applicant is innocent person, he has falsely been implicated in the crime in question, as he has not committed the alleged crime. He would submit that as per charge-sheet, victim/prosecutrix herself had gone somewhere without informing her parents. It is further submitted that applicant has filed the certified copy of the statements of the victim/prosecutrix and her mother and father, which have been recorded before the trial Court, in which, the prosecution has declared them hostile as they have not supported the case of the prosecution. He would further submit that the applicant is in jail since 2/8/2021; charge-sheet has already been filed and conclusion of the trial is likely to take considerable time, therefore, the applicant may be enlarged on bail.