Narendra Lal Puri @ Sonu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5767 of 2016 Narendra Lal Puri @ Sonu S/o Late Rakesh Lal Puri, Aged About 21 Years, Caste Domar, R/o Nai Ledri Collary, Ward No. P.S. Jhagrakhand, Tehsil Manendragarh, District Korea, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Police Station, Chirmiri, District Korea, Chhattisgarh.

---- Respondent For applicant - Shri Shailesh Ahuja, Advocate. For Respondent/State - Shri Anupam Dubey, Dy.G.A.. Hon'ble Shri Justice Goutam Bhaduri Order 26/09/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.167/2016 registered in Police Station Chirmiri, (C.G.) for offence punishable under sections 363, 366, 376, 343 of IPC and 4 & 6 of POCSO Act.

2.

As per the prosecution case, a report was made by one Rajesh Mallik on 21/05/2016 that the girl is missing. Subsequently, girl was found in the house of one Sulekha on 25/05/2016 and on investigation it revealed that the applicant has enticed away the minor girl on the pretext of marriage and thereafter committed sexual intercourse. Thereby, offence is committed.

3.

Learned counsel for the applicant submits that false allegations has been attributed against the applicant. The girl when was scolded by mother and father, she herself has left the house and went to the house of the applicant wherein she was given shelter and the applicant refused to perform marriage on the ground that they have not attained the age. He referred to the baramadgi panchnama and stated it contains statement of the girl while she was recovered in the house of Sulekha, therefore no

offence has been committed. He further referred to the statement given before CWC and submits that under the circumstances, no offence has been committed. Therefore, learned counsel submits that the applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the statement of the girl given under Section 164 of Cr.P.C. as also in the baramadgi panchnama and the statement too given before the CWC. Considering the statement of the girl wherein no allegations have been attributed to this applicant, without further observation on the merit, 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