MAHENDRA CHAUHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 368 of 2015, registered at Police Station Takhtpur, District Bilaspur (CG) for the offence punishable under Sections 363 & 376 of the IPC and Sections 3 & 4 of the Protection of Children from Sexual Offences Act, 2012.

(2.) As per case of the prosecution, applicant along with other co - accused persons abducted the prosecutrix from her lawful guardian -ship and thereafter she was kept captive in the house of the applicant and thereafter she was subjected to sexual assault and thereby he committed the aforesaid offence.

(3.) Learned counsel appearing for the applicant would submit that the applicant has been falsely implicated in the case. He would further submit that victim has been examined in this case under Section 164 of Cr.P.C., wherein she has stated that she was rescued by the applicant as the applicant was known to this victim and no allegation has been attributed to the applicant under Section 164 of Cr.P.C. He would further submit that the applicant has been in jail since 29 -12 -2015 and chage -sheet has been filed in this case, therefore, the present applicant may be enlarged on bail.