Mohan Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7936 of 2021 Mohan Sahu S/o Saraju Sahu Aged About 20 Years (which is not mentioned in Annexure A-1), R/o Urkura Mathpara, Ward No. 17, Police Station Khamtarai, District Raipur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Dharsiwa, District Raipur, Chhattisgarh.

---- Respondent For applicant - Shri C.R. Sahu, Advocate.

For Respondent/State - Smt. M. Asha, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 09/12/2021 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.527/2020 registered in Police Station Dharsiwa Raipur (C.G.) for offence punishable under sections 363, 366, 376 of Indian Penal Code and Section 4, 6 of the Protection of Children from Sexual Offences Act, 2012.

2.

As per the prosecution case, on 20/11/2020 the applicant enticed away the minor girl from the lawful custody of their parents and forcefully committed sexual intercourse, thereby offence has been committed. 3.

Learned counsel for the applicant submits that the victim is not minor she has performed marriage with the applicant and she is residing in the house of the applicant, therefore the applicant may be released on bail.

4.

Victim is present before this Court and she has stated that she is residing in the house of Mohan Sahu as a wife in the in-laws place. 5.

Learned State counsel opposes the prayer for grant of bail. 6.

Considering the submission of the victim, she is residing in the

house of applicant and no further investigation is necessary, applicant is in jail since 11/09/2021, therefore this court is inclined to release the applicant on bail.

7.

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.

Sd/- (Goutam Bhaduri) JUDGE gouri