Satyam Sagar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1549 of 2018 • Satyam Sagar S/o Shri Darashram Sagar Aged About 22 Years R/o- Harijan Mohalla, Ward No. 3 Kharsia, P.S. And TahsilKharsia, District- Raigarh, Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh Through- S.H.O. of the Police StationKharsia, District- Raigarh, Chhattisgarh. ----Non-applicant For applicant Mr. Abhishek Saraf, Adv.

For State Mr. R.K. Gupta, Dy. Adv. General.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 13-41. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other court.

2. Perused the copy of the charge sheet produced by counsel for the applicant in connection with Crime No. 230/2016 registered in police station Kharsia, Distt. Raigarh (CG) for offence punishable under Sections 363, 366A, 376 of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Offences Act and also heard counsel for the parties.

3. Prosecution story in brief is that prosecutrix is resident of Jawahar Colony, Kharsia. Her date of birth is 5-10-2000. On 7-62016, the applicant took her away from the custody of her guardian to Delhi. He committed sexual intercourse with her.

4. Counsel for the applicant argued that the applicant is innocent and falsely implicated hence he be released on bail.

5. On the other hand, the Dy. Adv. General appearing for the State opposed the bail application.

6. As per the statement of Section 164 of the Cr.P.C. the prosecutrix had love affairs with the applicant. She had left her

parental house voluntarily. The applicant had not taken her away forcibly. She had told the applicant that if he does not take her with him, then she will commit suicide by cutting veins of hand by blade. She and the applicant performed marriage on 4-11-2017 and procured a child. The applicant and the prosecutrix live like husband and wife. Looking to these circumstances, looking to the fact that the applicant is in custody from 22-1-2018 and the fact that trial may take time, this Court is inclined to give benefit of Section 439 of the Cr.P.C. to the applicant.

7. Consequently, the application is allowed. It is ordered that if the applicant furnishes one solvent surety for a sum of Rs. 25,000/- along with one personal bond of the like sum to the satisfaction of the Court concerned with the condition that he will appear before the concerned trial Court at 11 AM as and when directed till trial, he be released on bail.

8. CC as per rules.

Sd/- (Sharad Kumar Gupta) Judge Pathak