High Court Of ChhattisgarhMCRC/4962/2020allowed

Vedprakash Yadav v. State Of Chhattisgarh

2020-09-03Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 4962 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4962 of 2020 • Vedprakash Yadav S/o Late Puranik Yadav Aged About 23 Years R/o Station Para, Ward No. 12, Tehsil And District Rajnandgaon Chhattisgarh, ---- Petitioner

Versus

• State Of Chhattisgarh Through The Station House OfÏcer, Police Out Post Chikhli, Police Station Station Kotwali, Rajnandgaon District Rajnandgaon Chhattisgarh ---- Respondent For Applicant Mr. Shashank Thakur, Advocate For Respondent /State Mr. Gagan Tiwari, Dy. GA For Objector Mr. Aditya Bharadwaj, Advocate Proceedings through Video Conferencing SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 3/9/2020

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.319/2020 registered at Police Station Police Outpost Chikhli, Police Station Kotwali, Rajnandgaon for the offence punishable under Section 376 of the IPC and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012.

MCRC No. 4962 of 2020

3. After an introduction through social media (Facebook), the prosecutrix and the applicant exchanged mobile numbers, started conversation and became intimate. The material available in the case diary would indicate that in due course, they developed a love affair and the applicant used to commit sexual intercourse while visiting the house of the prosecutrix. It is alleged that when the prosecutrix carried pregnancy of about 3 months, she requested him to marry, which he refused, therefore, the FIR was lodged on 6.7.2018. On this date, she was more than 18 years of age.

4. Learned counsel for the State as well as learned counsel for the Objector would vehemently oppose the bail application.

5. Considering the entire facts' situation of the case particularly the affair between the parties, this Court is inclined to release the applicant on regular bail.

6. 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.

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