High Court Of ChhattisgarhMCRC/5932/2020allowed

Sandeep Kumar v. State Of Chhattisgarh

2020-09-30Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5932 of 2020 Sandeep Kumar, S/o Sulendra Singh, aged about 20 years, R/o Village Nawapara Kala, Police Station Premnagar, District Surajpur (CG) ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police of Police Station Premnagar, District Surajpur (CG) ---- Non-Applicant For Applicant : Mr. Anil Gulati, Advocate.

For Non-Applicant : Mr. Vikram Sharma, Deputy GA. Proceeding Through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 30/09/2020 :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.16/2020 registered in Police Station : Premnagar, District Surajpur for offence under Section 376, 365 & 506 of the IPC and Section 3 & 4 of the Protection of Children from Sexual Offences Act, 2012.

2. The applicant has allegedly abducted the prosecutrix and committed forcible sexual intercourse. The prosecutrix is aged more than 16 years. In her statement recorded under Section 164 CrPC, she would state that she was acquainted with the applicant for about 3 months

prior to the date of incident and they used to talk over mobile phone. On applicant's request, she moved out of her house without informing her parents and accompanied the applicant to his house on a bicycle. On this date, the applicant's parents had gone to some other village, therefore, the applicant and the prosecutrix being alone, she was ravished.

3. Learned State Counsel would oppose the bail application.

4. Considering the affair which preceded their elopement and commission of rape and for the fact that the applicant is in jail since 5.6.2020 and charge sheet has already been filed, this Court is inclined to release the applicant on bail.

5. Accordingly, the 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/- Judge (Prashant Kumar Mishra) Barve