High Court Of ChhattisgarhMCRC/2242/2019allowed

Abhishek Harijan v. State Of Chhattisgarh

2019-04-18Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2242 of 2019 Abhishek Harijan S/o Gorelal Harijan Aged About 22 Years R/o Harigaon, Police Station Raghunathnagar, District - BalrampurRamanujganj Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Raghunathnagar, District - Balrampur-Ramanujganj Chhattisgarh.

----Non-applicant For Applicant :

Mr. Jitendra Shrivastava, Advocate For State :

Mr. Sudeep Verma, Deputy G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 18/04/2019

1. This is an application filed under Section 439 Cr.P.C. for grant of bail to the applicant, who has been arrested in connection with Crime No. 2/2019 registered at Police Station Raghunathnagar, District Balrampur-Ramanujganj, Chhattisgarh for the offence punishable under Section 376(2)(<) of the Indian Penal Code and Section 6 of the POCSO Act, 2012.

2. The allegation against the present applicant as per the prosecution case is that the present applicant enticed away the minor girl on pretext of marriage and thereafter committed sexual intercourse, whereby the offence has been committed.

3. Learned counsel for the applicant submits that on the date of incident, the victim was also major, which is evident from copy of the statement of the father of victim, which is filed as Annexure A/2 and they have also performed marriage. It is further submitted that the

applicant and the prosecutrix/victim have performed marriage on 25.02.2019 and the applicant has been arrested on 10.03.2019.

4. Perused the case diary and the statement of father of the prosecutrix namely Surajlal. Considering the same, I am inclined to grant bail to the present applicant.

5. Accordingly, the application for grant of bail is allowed. It is ordered that the applicant shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Trial Court. The applicant shall thereafter appear before the Trial Court on each and every date given by the said Court.

Sd/- (Goutam Bhaduri) Judge Ved