High Court Of ChhattisgarhMCRC/4512/2020allowed

Lomash Chandrakar v. State Of Chhattisgarh

2020-09-04Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 4512 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4512 of 2020 • Lomash Chandrakar S/o Kanhaiya Chandrakar Aged About 24 Years R/o Village- Bitkuli Kala, Out Post- Dashrangpur, Police Station- Pipariya, District- Kabirdham, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through- Station House OfÏcer, Out PostDashrangpur, Police Station- Pipariya, District- Kabirdham, Chhattisgarh ---- Respondent For Applicant Mr. Dharmesh Shrivastava, Advocate For Respondent /State Ms. Fouzia Mirza, Additional Advocate General Proceedings through Video Conferencing SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 4/9/2020

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.266/2019 registered at Police Station Pipariya, Out Post Dashrangpur, District Kabirdham (CG) for the offence punishable under Sections 363, 366, 376 (2) (n), 506 of the IPC, Sections 4, 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 3(1) (xii) & 3(2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

MCRC No. 4512 of 2020

3. The applicant and the prosecutrix eloped and went to Pune, where they started living together and performed marriage. During lock-down, due to COVID 19 pandemic situation, they returned to their native village and the prosecutrix was recovered from the applicant on 24.6.2000 from the Quarantine Centre.

4. Today, the prosecutrix appeared before this Court through Help Desk, Vidhik Sahayata Kendra, Kabirdham.

5. In the course of hearing, the prosecutrix expressed that the applicant may be released on bail as they have married and were living together as husband and wife.

6. Considering the entire facts situation of the case, this Court is inclined to release the applicant on regular bail.

7. 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.

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