Kuleshwar @ Choti Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7299 of 2015 Kuleshwar @ Choti Sahu S/o Fagu Sahu Aged About 23 Years R/o Kopra, Police Station Panduka, Tehsil Rajim, Civil Distt. Raipur & Rev. Distt. Gariyaband, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through S.H.O., P.S. Panduka, Distt. Gariyaband, Chhattisgarh.

---- Respondent For applicant - Shri P.P. Sahu, Advocate.

For Respondent/State - Shri Anant Bajpai, PL. Hon'ble Shri Justice Goutam Bhaduri Order 4/01/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 80/2015 registered in Police Station Panduka, District Gariyaband (C.G.) for offence punishable under section 363, 366, 376 of IPC and Section 3, 4 of Protection of Children from Sexual Offences Act 2012.

2.

As per the prosecution case report was made by Dhaneshwar Pal that he kept the victim along with him who was minor and on 6/06/2015 he found the victim was missing in his house. The victim was adopted girl of the complainant. Subsequently, it was revealed that on 5/06/2015 the victim who is a minor had went out without any information and the report was made. Thereafter, the victim was recovered from the possession of this applicant.

3.

Learned counsel for the applicant submits that victim and the applicant were in love affair and thereafter victim of her own will went with the applicant and stayed together and subsequently it came to the notice

that report was made they themselves surrendered before the police and the offence has not been committed, therefore, the applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

I have perused the case diary as also statement under Section 164 of Cr.P.C., considering the nature of allegations on applicant without any observation on merit at this stage, this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri