Shrikant Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 801 of 2021 Shrikant Sahu S/o Shri Punni Ram Sahu Aged About 21 Years R/o Bharari, P.S. Kota, District Bilaspur, Chhattisgarh, ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Kota, District Bilaspur, Chhattisgarh ----Non-applicant For Applicant :

Mr. K.P.S. Gandhi, Advocate For State :

Mr. Rahul Jha, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 12/05/2021 1.

This is an application filed under Section 439 Cr.P.C. for grant of bail to the applicant, who has been arrested in connection with Crime No. 11/2021 registered at Police Station Kota, District Bilaspur, Chhattisgarh for the offence punishable under Sections 363, 366, 376 of Indian Penal Code and under Section 6 of Protection of Children from the Sexual Offences Act, 2012.

2.

The present applicant is in custody since 11.01.2021 in connection with the aforesaid Crime number.

3.

The contention of the applicant is that the prosecution and the present applicant were having a love affair for quite sometime and finally they decided to marry and settle down in life. Ignorantly the applicant took the prosecutrix and got themselves married at the temple in the State of Madhya Pradesh. The petitioner referred to the 161 statement of the prosecutrix which also clearly depicts the

two having some relationship for quite sometime and also voluntarily having physical relationship on many occasions. 4.

Given the aforesaid facts and circumstances of the case, prima facie appears to be a case of folly of youth and the age group to which they belong and considering the tender age of the applicant, who is just 21 years of age and also the fact that the prosecutrix in the instant case is more than 16 years of age, strong case for grant of bail has been made out. Accordingly, the present application for grant of bail is allowed.

5.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with two sureties in the like sum to the satisfaction of the concerned Court for his appearance before the said Court as and when directed. Sd/- (P. Sam Koshy) VACATION JUDGE Ved