Chandan Verma v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 3993 of 2016 Chandan Verma, S/o. Naresh Verma, aged about 19 years, R/o. Bodtara, Police Station - Saja, District - Bemetara (C.G.) ---- Applicant

Versus

The State of Chhattisgarh, Through : S.H.O., Police Station - Palari, District - Balodabazar-Bhatapara (C.G.) ---- Respondent For Applicant :

Mr. C.K. Sahu, Advocate For Respondent :

Mr. Neeraj Kumar Sharma, Dy.Govt. Advocate ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 25/07/2016 1.

This is the first bail 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.240/2015, registered at Police Station- Palari, District - Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 363, 366, 376 of the Indian Penal Code and Section 4 of Protection of Children from Sexual Offences Act, 2012.

2.

Case of the prosecution, in brief, is that a missing report was made on 22.07.2015 by the father of the victim/girl. Subsequently, FIR was registered on 05.08.2015 and the girl was recovered from the possession of the applicant on 14.02.2016 and on investigation it was found that minor girl was enticed away by the applicant and thereafter the applicant committed sexual intercourse.

Page No.2 3.

Learned counsel for the applicant submits that the victim/girl and the applicant were in love relation and the victim herself has went to Pune and thereafter they performed marriage and they were living as husband and wife, therefore, no offence is made out. It is further submitted that charge-sheet in this case has been filed and the applicant is in jail since 15.02.2016, therefore, counsel prays that the applicant may be enlarged on bail.

4.

On the other hand, learned counsel for the State opposes the bail application.

5.

I have heard learned counsel for the parties. 6.

Perused the statement of the girl/victim, wherein the girl has stated that she has performed marriage with the applicant and they were accepted by the family members. Considering such statement recorded under Section 164 of Cr.P.C. without any further observation on merits, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram