High Court Of ChhattisgarhMCRC/5400/2020allowed

Sandeep Yadav v. State Of Chhattisgarh

2020-11-04Hon'Ble Shri Justice Prashant Kumar Mishra3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Sandeep Yadav S/o Late Ganesh Ram Yadav Aged About 22 Years R/o Near Sheetala Mandir, Nagar Nigam Town Hall, Bilaspur, Police Station Sarkanda, Civil And Revenue District Bilaspur Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through The Station House OfÏcer, Police Station Takhatpur, Civil And Revenue District Bilaspur Chhattisgarh ---- Respondent For Applicant Mr. Parasmani Shriwas, Advocate For Respondent /State Ms. Fouzia Mirza, Additional Advocate Genearl Proceedings through Video Conferencing SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 4/11/2020

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.156/2020 registered at Police Station Takhatpur, District Bilaspur (CG) for the offence punishable under Sections 363, 366-A, 376 of the

IPC and Sections 4, 6 of the Protection of Children From Sexual Offences Act, 2012.

3. The prosecutrix, aged about 17 years, had herself called the applicant to her house in the intervening night of 4th and 5th of June 2020, where-after, they eloped on a motorcycle and reached Bilaspur and stayed there till 14.6.2020. In her statement under Section 164 of Cr.PC, she speaks about having entered into consensual sexual relations without alleging any forcible act by the applicant.

4. Considering the statement of the prosecutrix and the fact that the applicant is in jail since 15.6.2020 and the charge sheet has already been filed, this Court is inclined to release the applicant on regular bail.

5. 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.

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