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High Court Of ChhattisgarhMCRC/29/2016allowed

Bhisham Chandrawanshi v. State Of Chhattisgarh

2016-01-20Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 29 of 2016 Bhisham Chandrawanshi S/o Mannu Ram Aged About 20 Years R/o Neurgaon Khurd, Police Station - Bodla, Police Chowki - Pondi, District Kabirdham Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Dadhi, District Bemetara Chhattisgarh.

---- Respondent For applicant - Shri Vipin Singh, Advocate.

For Respondent/State - Miss. Sunita Jain, PL. Hon'ble Shri Justice Goutam Bhaduri Order 20/01/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 71/2015 registered in Police Station Dadhi, District Bemetara (C.G.) for offence punishable under section 363, 366/34 of Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012 and Section 3/181, 5/180 of Motor Vehicles Act.

2.

As per the prosecution case a report was lodged by the father of the prosecutrix that her minor daughter is missing and subsequently on investigation it was found that present applicant has eloped the prosecutrix with the help of Ravi Dhurve.

3.

Learned counsel for the applicant submits that applicant has been falsely implicated in this case and the victim girl has herself has joined the applicant of her own and he has not enticed the girl and no sexual overt act has been made by this applicant. He further submits that other coaccused Ravi Dhurve has been enlarged on bail in M.Cr.C. No.6643 of

2015 on 7/12/2015, therefore, the applicant may be released on bail. 4.

Learned State counsel after verification do not dispute the fact that similarly placed co-accused Ravi Dhurve has been enlarged on bail in M.Cr.C. No.6643 of 2015 on 7/12/2015.

5.

Having regard to the facts and circumstances of the case and also for the fact that similarly placed co-accused Ravi Dhurve has been enlarged on bail in M.Cr.C. No.6643 of 2015 on 7/12/2015 and applicant is in jail since 24/08/2015, this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri