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2015 DIGILAW 17 (CHH)

Jawahar Sahu v. State Of Chhattisgarh

2015-01-19

SANJAY K.AGRAWAL

body2015
ORDER Sanjay K. Agrawal, J. 1. Since both the bail applications involve common question of law and fact, therefore, they are being disposed of by this common order. 2. These applications have been filed by the applicants under Section 439 of the Cr.P.C. for grant of regular bail as they have been arrested in connection with crime No. 124 of 2014 registered at Police Station, Gidhauri, District Baloda Bazar, for the offence punishable under Sections 363, 376(D) and 506/34 of the IPC read with Section 3(1)(12) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and also under Section 4 of Protection of Children from Sexual Offences Act, 2012. 3. Case of the prosecution, in brief, is that applicants committed sexual intercourse with prosecutrix Brihaspati Bai on 25.06.2014 and FIR came to be lodged on 11.07.2014. 4. Learned counsel for the applicants submits that prosecutrix is aged about 18 years and there is delay of 16 days in lodging FIR and prosecutrix Brihaspati Bai has also lodged FIR for the offence under Section 376 of IPC against one Pinku which is subject matter of crime No. 123/14 registered at Police Station Gidharuri, and therefore, applicants may be released on bail. 5. On the other hand, learned counsel for the State opposes the bail applications. 6. Taking into consideration the fact and further taking into consideration delay in lodging FIR, considering lodging of report by the prosecutrix on the same day against Pinku which is subject matter of crime No. 123/2014 and also considering the fact that applicants are in jail since 30.07.2014, this Court is of the opinion that present is the fit case, in which, the applicants should be enlarged on regular bail. 7. Accordingly, the bail applications filed under Section 439 of the Cr.P.C. are allowed. It is directed that applicants namely Jawahar Sahu and Bhushan Shastri shall be released on bail on each of them furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned Court for their appearance as and when directed. 8. Certified copy today. Applications Allowed.