Omprakash Khare (Suryavanshi) v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Omprakash Khare (Suryavanshi) S/o Gandhiram Khare (Suryavanshi) Aged 20 Years R/o Ward No. 15, Village Pandhi, Tahseel Mastoori, Thana Seepat , District Bilaspur Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through SHO, Thana Seepat, District Bilaspur Chhattisgarh ---- Respondent For Applicant Mr. Ramavtar Mishra, Advocate For Respondent /State Ms. Fouzia Mirza, Additional Advocate General 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.0286/2020 registered at Police Station Thana Seepat, District Bilaspur (CG) for the offence punishable under Section 6 of the Protection of Children From Sexual Offences Act, 2012 and Sections 363, 366, 376 of the IPC.

3. Sometime in the year 2016, the prosecutrix became acquainted with the applicant and later on, developed liking for him. As per her statement recorded under Section 164 of Cr.P.C., after the prosecutrix developed liking, they eloped on 20.7.2017 despite opposition by her parents. They stayed together for about a year. Initially, the applicant treated the prosecutrix well but later on, started committing cruelty on her by raising suspicion over her character and asking her to bring Rs.20,000/- from her father. The immediate cause for lodging the FIR is when the cruelty came intense and the applicant started doubting her character. The present age of the prosecutrix is more than 18 years. As on date of lodging of the FIR, the prosecutrix was little less than 18 years.

4. Considering the entire facts situation of the case and the fact that the applicant is in jail since 21.6.2020 and the charge sheet has already been filed, 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