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High Court Of ChhattisgarhMCRC/948/2020allowed

Mahendra Verma v. State Of Chhattisgarh

2020-03-19Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.948 of 2020 • Mahendra Verma, S/o Purushottam Verma, Aged About 20 Years, R/o Nathunavagaon, O.P. Tumdibod, Police Station Lalbag, District Rajnandgaon, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh, Through Station House Officer, Police Station Lalbag, District Rajnandgaon, Chhattisgarh ---- Respondent For Applicant Shri Aditya Bhardwaj, Advocate For Respondent Shri K. K. Singh, GA Hon'ble Justice Shri Prashant Kumar Mishra Order On Board 19/03/2020 1.

The applicant has preferred this first bail application under Section 439 of CrPC, as he is arrested in connection with Crime No.284/2019, registered at Police Station Lalbag, District Rajnandgaon (C.G.), for the offence punishable under Sections 363, 366 & 376 of IPC and Section 4 & 6 of the POCSO Act, 2012.

2.

The material available in the case diary would indicate that the applicant and the prosecutrix were in love, however, parents of the prosecutrix were trying to arrange her marriage with some other boy. Due to fear of losing the applicant, she called the applicant and they eloped and went to Nagpur and Chandrapur where they started residing together as a married couple.

3.

Learned State counsel would oppose the prayer for grant of bail. 4.

Considering the fact that the prosecutrix was in love with the applicant and proposal to elope was moved by the prosecutrix herself as also for the reason that the applicant is in jail since 11.10.2019 and the trial may take some time due to unprecedented COVID-19 pandemic, I am of the opinion that the present is a fit case to release the applicant on regular bail. 5.

Accordingly, the bail application is allowed. The applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. Sd/- Prashant Kumar Mishra Judge Nirala