Manish Maravi v. State Of Chhattisgarh

MCRC No. 5326 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5326 of 2020 • Manish Maravi S/o Dilharan Maravi Aged About 21 Years Resident Of Village Kirari, Police Station And Tahsil Akaltara, District Janjgir Champa Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Station Akaltara District Janjgir Champa Chhattisgarh. ---- Respondent For Applicant Mr. Prabhakar Singh Chandel, Advocate For Respondent/State Mr. Anand Verma, Dy. GA Proceedings through Video Conferencing SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 30/9/2020

1. Heard.

2. The prosecutrix appears along with her father Dev Kumar through the Help Desk of this Court.

3. 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.278/2019 registered at Police Station Akaltara, District Janjgir-Champa (CG) for the offence punishable under Sections 363, 366, 376 of

MCRC No. 5326 of 2020 the IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

4. When the first sexual intercourse happened with the applicant and the prosecutrix on 23.9.2019, she was less than 16 years of age as her date of birth is stated to be 13.12.2003. Even though, the relationship continued for substantial length of time, the fact remains that she was less than 16 years of age on the date of first occurrence and less than 18 years even on date.

5. The prosecutrix opposes the applicant's prayer for grant of bail.

6. Even if there was consent on the part of the prosecutrix, considering her age, this Court is not inclined to release the applicant on regular bail.

7. Accordingly, the bail application is dismissed. Sd/- (Prashant Kumar Mishra) Judge Shyna