Baisakhu Bhade v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6962 of 2015 Baisakhu Bhade, son of Mosu Bhade, aged about 24 years, R/o Murkucchi, Ranigudapara, P.S. Bhanpuri, Distt. Baster ... Applicant Vs.

State of Chhattisgarh, through P.S. Bhanpuri, Distt. Baster (C.G). ...

Respondent For the applicant :

Mr. H. S. Ahluwalia, Advocate.

For the Respondent :

Mr. Vivek Singhal, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 15.12.2015

1. This is an application filed u/s 439 of the Code of Criminal Procedure seeking granting of regular bail to the applicant in connection with Crime No. 114/2015 registered at Police Station Bhanpuri Distt. Bastar (C.G) for the offences punishable under sections 366, 376 IPC and Section 6 of the Protection of Children from Sexual Offences Act.

2. As per the prosecution case, the applicant allured the victim and was having in relation with her from July 2014 and 2015. It is alleged that during this period, he committed forcibly sexual intercourse with her and thereafter, when she became pregnant the applicant refused to keep the prosecutrix and therefore, the report was made.

3. Learned counsel for the applicant submits that because of family dispute, the report has been made and the statement u/s 161 Cr.P.C. do not support the fact that the applicant sexually exploited the prosecutrix.

4. Per contra, learned State Counsel opposes the prayer for grant of bail.

5. Perused the case diary and the statements of the prosecutrix recorded u/ss 161 & 164 Cr.P.C., wherein it is stated that the victim was minor and was sexually exploited thereby she became pregnant

and a meeting was conducted where the applicant refused to marry her.

6. Taking into fact that the victim is minor and she was sexually exploited and became pregnant and thereafter the applicant refused to marry her, I am not inclined to release him on bail. Accordingly, this bail application is dismissed.

Sd/- GOUTAM BHADURI JUDGE Rao