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High Court Of ChhattisgarhMCRC/7113/2015allowed

Madhav Verma v. State Of Chhattisgarh

2015-12-21Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7113 of 2015 Madhav Verma S/o Bharat Verma Aged About 21 Years R/o Village Suhela, Police Station Suhela, Tahsil Simga, Civil & Revenue District Baloda Bazar/Bhatapara Chhattisgarh ----Applicant

Versus

State Of Chhattisgarh Through : The Station House Officer, Police Station Palari, Civil & Revenue District Baloda Bazar - Bhatapara Chhattisgarh ---- Respondent For applicant - Shri J.R. Verma, Advocate.

For Respondent/State - Shri Anant Bajpai, PL. Hon'ble Shri Justice Goutam Bhaduri Order 21/12/2015 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 262/2015 registered in Police Station Palari Civil and Revenue District Baloda Bazar-Bhatapara (C.G.) for offence punishable under section 376 of the Indian Penal Code and Section 3 and 4 of the Protection of Children from Sexual Offences Act, 2012.

2.

As per the prosecution case, in between 10th May, 2015 to 15th May, 2015 the applicant allured the victim, thereafter committed sexual intercourse with her and she was minor, therefore offence was committed. 3.

Learned counsel for the applicant submits that prosecutrix in this case has been examined and she has not supported the case of the prosecution and has recognized the applicant but has denied commission of the offence, therefore mother and father have also not supported the same, therefore, the applicant may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail.

5.

Considering the statement of prosecutrix, without any observation on merit for the purpose of bail, 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