SONU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the second bail application filed under Sec. 483 of the Bhartiya Nagrik Suraksha Sahita, 2023 for grant of regular bail to the applicant who is in custody since 15/04/2022 in connection with crime No. 113 / 2022 registered at Police Station - Ghargoda, District - Raigarh (C.G.) for the offence punishable under Sec. 363, 366, 376 of the IPC and Sec. 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') and Sec. 3(1)(b) and 3(2) (v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. The first bail application was dismissed in M.Cr.C. No. 6136 / 2022 by this Court vide order dtd. 19/9/2022.

(2.) Case of the prosecution, in nutshell, is that the mother of the prosecutrix has lodged a FIR stating in it that some unknown person has abducted her daughter as she was missing since 11/4/2022. During investigation, the prosecutrix was recovered from the possession of present applicant. Thereafter, the aforesaid offences was registered against the present applicant.

(3.) Learned counsel for the applicant submits that this application has been filed only on the ground of delay in trial. He submits that 19 witnesses have been cited in the charge-sheet whereas after a lapse about more than 03 years, only 03 witnesses have been examined. He submits that the last witness was examined on 25/09/2023 and since then the prosecution was unable to examine any witness. He submits that the applicant is in jail since 15/04/2022 and remained in jail as under trial prisoner for more than 03 years and trial is likely to take some time. Therefore he submits that the bail application may be allowed.