Girdhar Yadav v. State Of Chhattisgarh

MCRC No. 2263 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2263 of 2019 • Girdhar Yadav S/o Shri Punaram @ Jethu Yadav Aged About 28 Years R/o Ramsagarpara Presently Ruabandha Basti, Bhathapara, P.S. Bhilai Nagar Sector-6, Bhilai, District- Durg, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through The SHO, Police Station- Supela Bhilai District- Durg, Chhattisgarh.

---- Non-Applicant For Applicant : Shri Vipin Tiwari, Advocate.

For Non-Applicant : Shri Faiz Kazi, Panel Lawyer. Hon'ble Shri Prashant Kumar Mishra, Ag CJ Order On Board 12/04/2019 :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.183/2018 registered in Police Station Supela, Bhilai, District Durg for offence under Sections 363, 366, 376 of the IPC and Sections 3 & 4 of the Protection of Children from Sexual Officences Act, 2012.

2. Although the prosecutrix is 17 years and 6 months old i.e. less than 18 years, but in her statement under Section 161 CrPC and thereafter under Section 164 of the CrPC, she has clearly stated that she already married with the applicant and even today she is willing to reside with

MCRC No. 2263 of 2019 the applicant as his legally married wife.

3. Learned counsel for the applicant would submit that even during the applicant's incarceration, the prosecutrix is still staying at his house with the parents of the applicant.

4. Considering the nature of evidence available, this Court is inclined to release the applicant on bail.

5. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs. 25,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- (Prashant Kumar Mishra) Acting Chief Justice Barve