MEGHRAJ SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the first bail application filed under Sec. 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested on 23/1/2023 in connection with Crime No. 34/2023 registered at Police Station Gunderdehi District Balod (C.G.) for the offence punishable under Ss. 363, 366, 376(2)(x) of the I.P.C and Sec. 4, 5(B), 6 of the POCSO Act.

(2.) Allegation against the applicant, in the instant case, is that he abducted the minor victim/ prosecutrix, aged below 18 years on the date of incident, took her to his house and sexually exploited her. Based on above fact, applicant was implicated in the present crime.

(3.) Learned counsel for the applicant would argue that applicant is innocent and he has been falsely implicated in this case. It is submitted that as per case of prosecution itself age of victim/ prosecutrix is marginal to adult. It is further submitted that applicant is in jail since 23/1/2023 and deposition of victim has already been recorded, certified copy of the same has been filed by the applicant, in which victim/ prosecutrix has been declared hostile as she has not supported the case of prosecution at all, in such a situation, keeping applicant behind the bar has no worth. It is next submitted that charge-sheet has already been filed and conclusion of trial is likely to take long time, therefore, he may be enlarged on bail.