Tikeshwar Koshley v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5148 of 2018 • Tikeshwar Koshley S/o Bodru Koshley, Aged About 22 Years, R/o Village- Sundari (l), Police Station- Pallari, District- Baloda-Bazar, Bhatapara, Chhattisgarh....(In Jail), District : Balodabazar-Bhathapara, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- S.H.O. Pallari, District- Baloda-BazarBhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ----Non-applicant For Applicant - Shri Hemant Gupta, Advocate. For Non-applicant/State - Shri Ashok Swarnkar, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 13-08-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 28-04-2018 in connection with Crime No.397/17 registered at P.S. -Pallari, Baloda-Bazar, Revenue & Civil DistrictBaloda-Bazar-Bhatapara, Chhattisgarh for the offence under Section 363, 366, 376 of the IPC & Section 4 of Protection of Children from Sexual Offences Act. 2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in jail since 28-04-2018. No case is made out against him. The prosecutrix in this case is a major lady and she has willingly submitted to physical relation with this applicant, the applicant wants to keep the prosecutrix as his wife. Hence, it is prayed that the applicant may be released on regular bail.

3.

Learned counsel for the State/non-applicant opposes the application submitting that age of the prosecutrix was below 18 years, hence, any consent given by her is immaterial. Hence, the application may be rejected.

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Heard learned counsel for the parties and perused the case diary. 5.

The allegation against his applicant is this, that the applicant abducted the minor prosecutrix of age below 18 years and while staying in Allahabad he had physical relation with the prosecutrix on a number of occasions. Father of the prosecutrix lodged the FIR against this applicant. Hence, this case. 6.

Considered on the material present in the case diary. On perusal of the statement given by the prosecutrix, I am of this view that this is a fit case for grant of bail to this applicant.

7.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the 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 Court, for his appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil