Rahul Korsa v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1145 of 2020 Rahul Korsa S/o Lakhmu Korsa Aged About 30 Years R/o Village Jaitwada Thana Tahsil And District - Bijapur Chhattisgarh, ---- Applicant

Versus

State Of Chhattisgarh Through Police Station - Bijapur, Distt. Bijapur Chhattisgarh, ---- Respondent For applicant - Shri Vikas A. Shrivastava, Advocate. For Respondent/State - Shri Alok Bakshi, Addl. A.G. Hon'ble Shri Justice Goutam Bhaduri Order 12/05/2020 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 106/2019 registered in Police Station Bijapur, Distt. Bijapur C.G. for offence punishable under section 376 of Indian Penal Code and Section 6 of Langik Apradhon Se Balkon Ka Sanrakshan Adhiniyam 2012.

2.

As per the prosecution case, the applicant on the pretext of marriage has sexually exploited the prosecutrix who was minor and thereafter refused to marry her, therefore the offence has been committed. 3.

Learned counsel for the applicant submits that the applicant has been falsely implicated and for last six years they were together and the age of the prosecutrix is also not been established it is in the border line of 17 years, therefore the applicant may be released on bail. 4.

Learned State counsel opposes the argument and submits that as on the date of offence the prosecutrix was minor. 5.

Considering the fact and the statement of the prosecutrix and the

past back ground, without any observation on the merit at this stage, this court is inclined to release the applicant on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri