Sunil Kumar Bhadre v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9379 of 2020 • Sunil Kumar Bhadre, S/o Dayaram Bhadre, Aged About 21 Years, Caste Bhatra, R/o Village Kolchur, District-Bastar, Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh Through P.S. Kotwali Jagdalpur, District Bastar Chhattisgarh.

---- Respondent ____________________________________________________________ For Applicant :Mr. Vikas A. Shrivastava, Advocate.

For Respondent/State :Mr. Afroj Khan, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 16/03/2021 Heard.

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail to him as he is in custody in connection with Crime No.225/2020 registered at Police-Station-Kotwali Jagdalpur, District-Bastar(C.G.) for the offence punishable under Sections 363, 366, 376 of IPC and Section 06 of POCSO Act, 2012.

2. It is submitted by the learned counsel for the applicant, that the applicant has been falsely implicated in this case. The prosecutrix was not minor on the date of incident. Further, her statement under Section 164 CrPC shows that she was willing and consenting party, hence, it is prayed that applicant may be enlarged on regular bail.

Page No.2

3. On the other hand, learned counsel for the State opposes the bail application and the submission made in this respect. It is submitted that on the date of incident the prosecutrix was minor. Because of the minority of the prosecutrix, any consent or willingness on her part is immaterial. Hence, application be rejected.

4. I have heard the learned counsel for both the parties and perused the case diary.

5. As per prosecution case, it is alleged that the applicant abducted the minor prosecutrixm, kept her in his custody and exploited her sexually knowing well that she was not capable to give valid consent for such relationship because of her minority.

6. Considered on the submissions. After considering on the statement given by the prosecutrix under Section 164 CrPC and other circumstances present, I feel inclined to allow the bail application of this applicant.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha