Virendra Kumar v. The State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7750 of 2015 Virendra Kumar S/o Hemkul Satnami Aged About 26 Years R/o Village Oodadabri, Thana Kunda, Distt. Kabirdham Chhattigarh ---- Applicant

Versus

The State Of Chhattisgarh Through Police Station Kawardha, Distt. Kabirdham Chhattisgarh ---- Respondent For applicant - Shri Parag Kotecha, Advocate. For Respondent/State - Shri Anant Bajpai, PL. Hon'ble Shri Justice Goutam Bhaduri Order 19/01/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 230/2015 registered in Police Station Kawardha, Distt. Kabirdham for offence punishable under section 363, 366, 376 of Indian Penal Code and Section 3 and 4 of Protection of Children from Sexual Offence Act 2012.

2.

As per the prosecution case the applicant allured the victim and took her away from the lawful guardianship of her mother and father. Subsequently, on investigation it was found that applicant took the victim away from the school by saying that her maternal grand mother is not well for which FIR was lodged.

3.

Learned counsel for the applicant submits that applicant has been falsely implicated in this case and applicant being relative had only took the victim away and placed her in the custody of her mother and father and virtually no offence has been committed, therefore, the applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail.

5.

Perused the statement of the victim under Section 161 and 164 of Cr.P.C. On the false averment victim was taken away from the school and thereafter was locked in the room. Taking into such statement, this court is not inclined to release the applicant on bail. 6.

Accordingly, the bail application is dismissed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri