Amritlal Mahilange v. State Of Chhattisgarh

MCRC No. 6006 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6006 of 2020 • Amritlal Mahilange S/o Babulal Mahilange, Aged About 25 Years R/o Gram Faraswani, Ward No. 19, Police Station Dabhara, District Janjgir Champa Chhattisgarh.

---- Petitioner

Versus

• State Of Chhattisgarh Through The Station House OfÏcer, Police Station Birra, District Janjgir Champa Chhattisgarh ---- Respondent For Applicant Mr. Punit Ruparel, Advocate For Respondent /State Mr. Gagan Tiwari, Dy. GA Proceedings through Video Conferencing SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 22/9/2020

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.50/2020 registered at Police Station Birra, District Janjgir-Champa (CG) for the offence punishable under Sections 363, 366 & 376 of the IPC and Sections 4, 6 of the Protection of Children From Sexual Offences Act, 2012.

MCRC No. 6006 of 2020

3. Although the applicant has abducted and committed sexual intercourse with the prosecutrix, aged about 17 years, 6 months, the fact remains that having stayed with the applicant for about 2 months, the prosecutrix is not making any allegation of abduction or rape against the applicant in her statement recorded under Section 164 of Cr.P.C.

4. Considering the varying statements of the prosecutrix in relation to the offence, this Court is inclined to release the applicant on regular bail.

5. 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.

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