Rajawant Koshale v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.987 of 2017 • Rajawant Koshale S/o Chheduram Koshale Aged About 19 Years R/o Village Kewaradih, Police Station Kharora, District Raipur, Chhattisgarh. ---- Petitioner

Versus

• State Of Chhattisgarh Through Its Police Station Dharsinwa, Civil & Revenue District Raipur, Chhattisgarh.

---- Respondent For Petitioner :

Shri B. L. Sahu, Advocate For Respondent/State :

Shri Chandresh Shrivastava, PL Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 21/02/2017 Heard.

2.

The applicant has moved this application under Section 439 of the Cr.P.C. for grant of regular bail in connection with Crime No.88/2016 registered at Police Station Dharsinwa, District Raipur for the offence punishable under Section 363, 366, 376 of IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012.

3.

Case of the prosecution is that the applicant kidnapped and thereafter committed rape on the prosecutrix.

4.

Learned counsel for the applicant submits that the prosecutrix in her statement under Section 164 Cr.P.C. recorded before the Magistrate has clearly stated that she and the applicant had an affair and then, they performed marriage also. It is submitted that the allegation of sexual intercourse is only after solemnization of marriage and by virtue of the provision contained in exception(2) of Section 375 IPC, offence under Section 376 of IPC is not made out. It is lastly submitted that the applicant is in jail since 16-10-2016 and when investigation is complete, charge sheet has been filed and the applicant is not

likely to abscond or tamper with the prosecution witnesses, the applicant may be granted bail.

5.

On the other hand, learned State counsel opposed the prayer for grant of bail on the submission that as the prosecutrix being less than 18 years of age, prima facie case is made out against the applicant. 6.

Taking into consideration the submission of learned counsel for the parties, particularly taking into consideration the submission based on the statement of the prosecutrix, in which, she stated regarding affair with the applicant and solemnized marriage and further that the sexual intercourse alleged to have committed after solemnization of marriage between the applicant and the prosecutrix and the prosecutrix stated to be aged 17 year & 9 Months and in view of the provision contained in exception (2) of Section 375 IPC and also that the applicant is in jail since 16-10-2016 and that the investigation is complete, charge sheet has been filed and the applicant is not likely to abscond or tamper with the prosecution witnesses, the application is allowed.

7.

It is ordered that the applicant shall be released on bail on furnishing a personal bond of Rs.20,000/- along with one local surety of the like amount to the satisfaction of the trial Court. He shall appear before the trial Court regularly on each and every date, unless exempted.

SD/- (Manindra Mohan Shrivastava) J U D G E Tumane