UMENDRA SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of order dated 13/10/2020 by which, learned Sessions Judge, Mungeli has rejected application for grant of anticipatory bail filed by the appellant.

(2.) The appellant is apprehending his arrest in connection with Crime No.541/2020 registered at Police Station - City Kotwali, District - Mungeli (CG) for alleged commission of offences under Section 363, 366, 376, 450 of IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 and Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act of 1989').

(3.) Prosecution case is that the appellant and co-accused abducted minor and it is alleged that later on, the minor was taken to another place and there, the coaccused committed rape on the prosecutrix whereas the present appellant was guarding against any possibility of arrival of third person at the place where the co-accused was committing rape on the prosecutrix. Offence under Section 363, 366, 376, 450/34 of IPC as also offence under Section 4 of the POCSO Act against the appellant and the co-accused. After arrest, the present appellant applied for grant of regular bail under Section 439 of IPC and jurisdictional Court, (Special Judge, POCSO Act, Mungeli), vide order dated 28/09/2020, granted regular bail to the present appellant, taking into consideration that according to the story of the prosecution, while the co-accused was committing rape, the appellant was standing near the place of incident.