High Court Of ChhattisgarhMCRC/3204/2018allowed

Ravi Netam (Dewar) v. State Of Chhattisgarh

2018-06-27Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3204 of 2018 Ravi Netam (Dewar) S/o Veeru Dewar Aged About 22 Years R/oNear Pani Tanki Mathpuraina, P.S - Tikrapara, Raipur, DistrictRaipur, Chhattisgarh. --- Petitioner

Versus

State of Chhattisgarh through the Police Station- Telibandha, District : Raipur, Chhattisgarh --- Respondent For the applicant :

Mr. N. Naha Roy, Advocate.

For the Respondent :

Mrs. Madhunisha Singh, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board .06.2018

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. 470/2017 registered at Police Station Telibandha, District Raipur (C.G) for the offences punishable under Sections 363, 366, 376 of IPC and sections 3 & 4 of the Protection of Children from Sexual Offences Act, 2012.

2. As per the prosecution case, a report was made by the mother of prosecutrix that the present applicant enticed away the minor girl on the pretext of marriage, thereafter forcibly took her away from the custody of the parents and committed sexual intercourse.

3. Learned counsel for the applicant submits that the prosecutrix and the applicant were in love relations and she has performed marriage which would be evident from the copy of affidavit filed along-with the petitioner and the

statement u/s 164 of Cr.P.C., therefore, the applicant may be enlarged on bail.

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

5. Perused the case diary documents as also the statement of prosecutrix recorded u/s 164 of Cr.P.C, wherein the prosecutrix appears to have stated that she has performed marriage with the applicant.

6. Considering the statement of prosecutrix as also the fact that the applicant is in jail since 07.01.2018, I am inclined to allow the 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 R a o