High Court Of ChhattisgarhMCRC/4664/2020allowed

Mahesh Kashyap v. State Of Chhattisgarh

2020-09-30Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 4664 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4664 of 2020 • Mahesh Kashyap S/o Shri Ishwar Kashyap Aged About 19 Years R/o Village Kaknar, Chowki - Kaknar Police Station Mardum Tehsil Londiguda, District Bastar Chhattisgarh. ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Of Police Station Kaknar Mardum (Benur) Bastar District Bastar Chhattisgarh ---- Respondent For Applicant Mr. Ashutosh Shukla, Advocate For Respondent /State Mr. KK Singh, Government Advocate Proceedings through Video Conferencing SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 30/9/2020

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.15/2020 registered at Police Station Chowki-kaknar P.S. Mardum (Benur) District Bastar for the offence punishable under Sections 363, 376 of the IPC and Sections 4, 6 of the Protection of Children from Sexual Offences Act, 2012.

MCRC No. 4664 of 2020

3. The prosecutrix, aged about 17 years 9 months, was connected with the applicant through mobile. In due course, they developed intimacy and on the applicant's offer of marriage, they started sexual intercourse and on 4.3.2020, the applicant brought the prosecutrix to his house and they started residing together as husband and wife.

4. There appears a love affair between the applicant and the prosecutrix.

5. Considering the statement of the prosecutrix and for the fact that the applicant is in jail since 17.3.2020 and the charge sheet has already been filed, this Court is inclined to release the applicant on regular bail.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

7. Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna