PRAKASH MAHTO @ GORKHA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the second bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.151/2015, registered at Police Station ­ Gandhinagar, District ­ Surguja (C.G.) for the offence punishable under Section 377 of Indian Penal Code and Section 3 & 4 of Protection of Children from Sexual Offences. The earlier bail application was dismissed as withdrawn vide order dated 04.12.2015 in M.Cr.C.No.6551/2015 with liberty to revive the same after examination of the victim and eye witness.

(2.) Case of the prosecution, in brief, is that on 03.07.2015 at 9.30 PM, the applicant has committed unnatural sexual intercourse with the victim/boy. Thereby the offence has been committed.

(3.) Learned counsel for the applicant submits that before the Court below only one eye -witness was examined, who was enlisted and the name of other eye -witness do not find place in list of the witnesses as such the witnesses deemed to be given up, therefore, under the facts of the case, since the victim/boy has not supported the case of the prosecution, the applicant may be enlarged bail.