KAMTA PRASAD Vs. STATE OF C.G.

JUDGEMENT

(1.) This is an application filed under section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant in connection with Crime No. 162/2015 registered at Police station Sarsiwa (Police Chowki Beladula), Distt. Baloda Bazar-Bhatapara, C.G., for the offence punishable u/ss 376, 363 & 366 of IPC & Section 4 of the Protection of Children from Sexual Offences Act, 2012. As per the prosecution case, a report was lodged that the prosecutrix was allured and enticed by the applicant and at the instance of the applicant she went away with him and thereafter the applicant kept her at different places and committed forcible sexual intercourse, thereby the offence is committed.

(2.) Learned counsel for the applicant submits that after the prosecutrix appeared in police station, her statement under Section 164 was recorded wherein she has not supported the case of prosecution and stated that she herself went along-with the applicant and the applicant has not committed any wrong thing with her. He further submits that the affidavit is also sworn by the prosecutrix that the applicant has not committed any offence with the prosecutrix and looking to the period of detention of applicant, he may be enlarged on bail.

(3.) Per contra, learned State Counsel opposes the prayer for grant of bail.