Mole Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4682 of 2020 • Mole Singh S/o Kandhai Singh, aged about 26 years, R/o Dongratola, Amarkantak Road, Post Patnakala, Police Station Chachai, District Anuppur (MP) ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police of Police Station Bhatgaon, District Surajpur (CG) ---- Non-Applicant For Applicant : Shri Anil Gulati, Advocate. For Non-Applicant : Shri Devendra Pratap Singh, Deputy AG. Proceeding Through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 1/9/2020 :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.10/2020 registered in Police Station Bhatgaon, District Surajpur for offence under Section 363, 366 and 376(2)(< )of the IPC and Section 6 of the Protection of Children from Sexual Offences Act.

2. The applicant has allegedly abducted the prosecutrix aged less than 18 years of age and subjected her to forcible sexual intercourse. In her statement recorded under Section 164 CrPC, she has stated that she was acquainted with the accused about 3 years ago and they have developed intimacy, therefore, she left her house on 23.12.2019 to live with the applicant. Thereafter they lived as husband and wife at village Dongamahua, District Raigarh till 6.2.2020 when she was recovered from the possession of the applicant. FIR has been lodged

on 13.1.2020 by her brother even though in her statement, she has informed the police that she had requested her mother and brother not to lodge the report.

3. Considering the entire fact situation of the case and for the fact that the applicant is in jail since 7.2.2020 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