Ravi Dewangan @ Sonu v. State Of Chhattisgarh
Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 4889 of 2016
1. Ravi Dewangan @ Sonu, aged 19 years, S/o. Shri Tirath Prasad Dewangan, By Caste-Panika, R/o. Village-Podi, Udhampur, P.S. -PodiUdhampur, Tahsil - Civil & Revenue District & District KoreaBaikunthpur (C.G.) ----Applicant
Versus
1. State of Chhattisgarh, Through : Police Station- Ambikapur, Tahsil and Civil & Revenue Distt. & Distt.- Sarguja (Chhattisgarh) ---- Respondent For Applicant : Mr. J.A. Lohani, Advocate For Respondent/State : Mr. Neeraj Sharma, Dy. Govt. Advocate.
Hon'ble Shri Justice Goutam Bhaduri Order On Board 24/08/2016 1.
This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.232/2016, registered at Police Station - Ambikapur, District - Sarguja (C.G.) for the offence punishable under Section 363, 366, 376 of Indian Penal Code and Section 4 of the Protection of Children from Sexual Offence Act, 2012. 2.
Case of the prosecution, in brief, is that a report was made by the mother of the prosecutrix that the applicant has enticed away the minor girl and took her from the lawful guardianship of her parents and thereafter on investigation it was revealed that the applicant on the promise of marriage has committed sexual intercourse with the prosecutrix. Thereby the offence has been committed.
Page No.2 3.
Learned counsel for the applicant submits that the statement of the daughter was recorded under Section 164 of Cr.P.C. which shows that she herself has joined the company of the applicant despite the resistance of the applicant as she was scolded by the mother and brothers, therefore, no offence is made out. It is further submitted that date of birth of the prosecutrix is 25.03.1997, therefore, she was 19 years of age. The counsel further contended that considering the statement and the age of the prosecutrix, the applicant may be enlarged on bail.
4.
On the other hand, learned counsel for the State opposes the bail application.
5.
I have heard learned counsel appearing for the parties. 6.
Perused the statement of the prosecutrix recorded under Section 164 of Cr.P.C., wherein she has stated that she herself has joined the company of the applicant. Considering the statement of the prosecutrix and the age this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail. 7.
Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.
8.
It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.
9.
Certified copy as per rules.
Sd/- (Goutam Bhaduri) Judge Balram