High Court Of ChhattisgarhMCRC/4876/2020allowed

Bharat Lal Manhar v. State Of Chhattisgarh

2020-09-15Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4876 of 2020 • Bharat Lal Manhar, S/o Shyam Lal Manhar, age about 19 years, resident of Village Jogesara, P.O. Bamhanpuri, Police Station Sarsinva, Sub Divisional Bilaigarh, District Balodabazar (CG) ---- Applicant

Versus

• State Of Chhattisgarh Through- District Magistrate, Raigarh & through Station House Officer, O.P. Kanakbira, P.S. Sarangarh, District Raigarh (CG) ---- Non-Applicant For Applicant : Shri M.K. Jaiswal Advocate.

For Non-Applicant : Shri Gagan Tiwari, Deputy GA. Proceeding Through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 15/09/2020 :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.231/2020 registered in Police Station Chauki Kankbira, PS Sarangarh, District Raigarh for offence under Section 363, 366 & 376 of the IPC and Section 4 & 6 of the Protection of Children from Sexual Offences Act, 2012.

2. The applicant has allegedly abducted the prosecutrix and committed forcible sexual intercourse. However, 164 CrPC statement of the prosecutrix would reveal that after receiving mobile call from the applicant, she was waiting near a culvert at about 1.00 am in the

intervening night of 24th/25th April, 2020. When the applicant arrived, she accompanied him and thereafter they performed marriage in a temple and the applicant committed sexual intercourse.

3. Considering the entire fact situation of the case and for the fact that the applicant is in jail since 28.4.2020 and charge sheet has already been filed, this Court is inclined to release the applicant on bail.

4. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety for 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.

Sd/- Judge (Prashant Kumar Mishra) Barve