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High Court Of ChhattisgarhMCRC/4656/2020allowed

Ganpat Jangde v. State Of Chhattisgarh

2020-09-22Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 4656 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4656 of 2020 • Ganpat Jangde S/o Shri Dauram Jangde Aged About 21 Years R/o Village- Binaika, Police Chauki-Malhar, Police Station- Masturi, Civil And Revenue District- Bilaspur Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Chauki-Malhar, Police Station- Masturi, Civil And Revenue District- Bilaspur Chhattisgarh.

---- Respondent For Applicant :- Mr. Paras Mani Shriwas, Adv For Respondent-State :- Mr. K.K. Singh, G.A.

Proceedings through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 22/09/2020

1. Heard.

2. The applicant has preferred this application under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with crime No.383/2018 registered in Police Chauki Malhar, Police Station Masturi, District Bilaspur C.G. for the offence punishable under Sections 363, 366, 376 of the I.P.C. and Section 4, 6 of the Protection of Children from Sexual Offences Act, 2012.

3. Case of the prosecution, in brief, is that applicant has

MCRC No. 4656 of 2020 abducted and committed forcible sexual intercourse with the prosecutrix aged about 16 years.

4. In her statement under Section 164 Cr.P.C., the prosecutrix would state that since she wanted to marry the applicant she eloped with him and performed marriage.

5. The bail rejection order passed by the trial Court observed that the prosecutrix and her father had not objected to the applicant's prayer for grant of bail. It is also reflected that she has already delivered a baby boy after her marriage with the applicant.

6. Considering entire fact situation of the case, this Court is inclined to release the applicant on bail. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and the applicant is directed to be released on bail on executing a personal bond for a sum of ₹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/- (Prashant Kumar Mishra) Judge Ayushi