Mukesh Sonwani v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4154 of 2016 Mukesh Sonwani S/o Shri Jansan Soni Aged About 24 Years R/o Telibandha, P.S. Telibandha, District Raipur, Chhattisgarh. ---- Applicant
Versus
State Of Chhattisgarh Through The Police Station Telibandha, Raipur, Chhattisgarh.
---- Respondent For applicant - Shri N. Naha Roy, Advocate.
For Respondent/State - Shri Sumit Jhanwar, PL. Hon'ble Shri Justice Goutam Bhaduri Order 28/07/2016 1.
The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.394/14 registered in Police Station Telibandha, Raipur, Distt. Raipur (C.G.) for offence punishable under sections 363, 366, 376 of the Indian Penal Code, 1860 and under Sections 3, 4 of the Protection of Children from Sexual Offences Act, 2012.
2.
As per the prosecution case, the applicant on 11/08/2014 enticed the minor girl and took her away on the pretext of marriage and thereafter committed sexual intercourse.
3.
Learned counsel for the applicant submits that the applicant and the prosecutrix were in love relation and the prosecutrix has been examined before the court and she has not supported the case of the prosecution and prosecutrix had performed marriage with the applicant, therefore the applicant may be released on bail.
4.
Learned State counsel opposes the prayer for grant of bail, however he is not able to dispute the fact that prosecutrix has not
supported the case of the prosecution.
5.
Perused the statement of the prosecutrix. Taking into such fact, without further observation on the merits, 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.
Certified copy as per rules.
Sd/- (Goutam Bhaduri) JUDGE gouri