Bablupuri v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2337 of 2019 Bablupuri S/o Shyampuri Aged About 19 Years R/o Sanjay Nagar (Govindpur), Gondiya, District- Gondiya, District : Gondiya, Maharashtra --- Petitioner

Versus

State of Chhattisgarh through Station House Officer Police Station Patan, Disrtict- Durg, Chhattisgarh. --- Respondent For the applicant :

Mr. Shikhar Bakhtiyar, Advocate.

For the Respondent :

Mr. Rajesh Singh, Dy.G.A.

HON'BLE SHRI JUSTICE GOUTAM BHADURI ORDER ON BOARD .04.2019

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.232/2018 registered at Police Station Patan, Distt. Durg (C.G) for the offences punishable under Sections 363, 366, 376 of IPC and sections 4 & 6 of Protection of Children from Sexual Offences Act, 2012.

2. As per the prosecution case, the applicant has enticed away the minor girl on the pretext of marriage from the lawful custody of her parents and thereafter committed sexual intercourse with her, thereby the offence is committed.

3. Learned counsel for the applicant submits that the prosecutrix has herself has joined the company of the applicant and both the applicant and the girl were in love relations and thereafter they performed marriage. He further submits that in statement recorded u/s 164 CrPC., the

said fact has been admitted.

4. Per contra, learned State Counsel opposes the bail application.

5. Perused the statement of the prosecutrix recorded u/s 164 of Cr.P.C., wherein she has stated that she herself had gone with the applicant and performed marriage.

6. Considering the same, without any further observation on merits of the case I am inclined to allow this bail application.

7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao