Mithleshwar Kamlesh @ Mithlesh And ANR. v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 4497 of 2016

1. Mithleshwar Kamlesh @ Mithlesh, S/o. Sukhdayal, aged about 23 years,

2. Hussain Kumar, S/o. Salik Ram Patre, aged about 22 years, Both are R/o. Village-Baheradih, Police Station Jaijaipur, Tahsil Jaijaipur, Civil Revenue District - Janjgir-Champa (C.G.) ----Applicants

Versus

1. State of Chhattisgarh, Through : the Station House Officer, Police Station Jaijaipur, Civil Revenue District - Janjgir - Champa (C.G.) ---- Respondent For Applicants : Mr. U.R. Koshaley, Advocate For Respondent/State : Mr. Anant Bajpai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 29/08/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No.121/2016, registered at Police Station - Jaijaipur, District - Janjgir-Champa (C.G.) for the offence punishable under Section 363, 366, 376, 34 of Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

2.

Case of the prosecution, in brief, is that a report was made by the prosecutrix and her father that on 11.06.2016, the applicant No.1, Mithleshwar enticed the prosecutrix, who is minor and took her away from the lawful guardianship of her parents and committed

Page No.2 sexual intercourse and it was assisted by the applicant No.2, Hussain Kumar to facilitate the applicant No.1 to take away the girl. Thereby the offence has been committed.

3.

Learned counsel for the applicant submits that compromise has been affected between the prosecutrix and the applicant and as per the consent letter, the applicant and the prosecutrix is going to marry each other as they are in love relation and after release of the applicant in jail, the marriage would perform, therefore, the counsel prays that, the applicants may be enlarged on bail. 4.

The State counsel was directed to verify the facts and on verification the State counsel has stated that the applicant No.1 is going to marry with the prosecutrix.

5.

I have heard learned counsel appearing for the parties. 6.

Considering the facts and circumstances of the case, this Court is of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicants shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed. 9.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram