Shiv Dhadhi v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2518 of 2018 Shiv Dhadhi S/o Basant Dhadhi Aged About 21 Years R/o- VillageMath, Police Station- Kharora, Tahsil- Tilda, District- Raipur, Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh Through- Station House Officer, Police Station- Kharora, District- Raipur, Chhattisgarh ----Non-applicant For Applicant :
Mr. Pradeep Singh Rathore, Advocate For State :
Mr. Satish Kumar Gupta, G.A.
Hon'ble Shri Justice Goutam Bhaduri Order on Board 28/05/2018
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. 100/2018 registered at Police Station Kharora, District Raipur, Chhattisgarh for the offence punishable under Sections 363, 366, 376 of Indian Penal Code and Section 6 of Protection of Children from the Sexual Offences Act, 2012.
2. The present applicant is in jail since 05.03.2018 in connection with the aforesaid Crime number.
3. As per the prosecution case, the present applicant enticed away a minor girl, who is the victim on the pretext of marriage and committed forcible sexual intercourse.
4. The learned counsel for the applicant submits that the present applicant has been falsely implicated in the instant case. The victim/prosecutrix was a major and she has been examined before
the Courts below and no allegation has been attributed to the present applicant.
5. The State counsel however opposed the bail application.
6. Perused the statements of the prosecutrix, in which no allegation has been attributed to the present applicant so also considering the statements of her mother and father, this Court is of the opinion that prima facie a fit case has been made out for grant of bail to the applicant. Accordingly, the present application for grant of bail is allowed.
7. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court for his appearance before the said Court as and when directed. Sd/- (Goutam Bhaduri) VACATION JUDGE Ved