Karan Nayak v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.5712 of 2020 • Karan Nayak, S/o- Ramesh Lal Nayak, Aged About 21 Years, R/o Semradih, P.S.- Jaijaipur, District- Janjgir-Champa, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, Pussore, District- Raigarh, Chhattisgarh ---- Respondent For Applicant Shri Krishna Tandon, Advocate For Respondent Shri K. K. Singh, GA Proceeding through Video Conferencing Hon'ble Justice Shri Prashant Kumar Mishra Order On Board 05/10/2020 1.

The applicant has preferred this bail application under Section 439 of the CrPC, as he has been arrested in connection with Crime No.134/2020, registered at Police Station Pusour, District Raigarh (C.G.) for the offence punishable under Sections 363 & 376 of the IPC and Sections 4 & 6 of the POCSO Act. 2.

The applicant abducted and committed forcible sexual intercourse with the prosecutrix, however, when examined under Section 164 of CrPC, she stated that she was in love with the applicant for last 2 years and they eloped and visited a temple and thereafter stayed for about 15 days in the house of the applicant. She says that she did not want to return to her parental

house and desires to stay with the applicant. 3.

Learned State counsel would oppose the prayer for grant of bail. 4.

Considering the entire facts situation of the case and for the fact that the applicant is in jail since 18.07.2020 and the charge sheet has already been filed, this Court is inclined to release the applicant on bail.

5.

Accordingly, the bail 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/- Prashant Kumar Mishra Judge Nirala