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High Court Of ChhattisgarhMCRC/6183/2016allowed

Vikas Namdev Alias Soni v. State Of Chhattisgarh

2016-10-05Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6183 of 2016 Vikas Namdev Alias Sonu (wrongly mention Monu) S/o Shri Daulal Namdev, Aged About 24 Years, R/o Dhamtari, Police Station Dhamtari District Dhamtari, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Police Station Tikrapara Raipur, Chhattisgarh.

---- Respondent For applicant - Shri M.L. Saket, Advocate.

For Respondent/State - Shri Anupam Dubey, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 5/10/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.575/2015 registered in Police Station Tikrapara, Raipur for offence punishable under sections 363, 366, 493, 376 (2) (N) of IPC and Section 6 of Protection of Children from Sexual Offence, 2012.

2.

As per the prosecution case, a report was made by mother of the victim on 22/11/2015 that the girl is missing. Subsequently, girl was recovered from the possession of the applicant and on investigation it revealed that the applicant has enticed away the minor girl from the lawful guardianship of her parents on the pretext of marriage and committed sexual intercourse. Thereby, offence has been committed. 3.

Learned counsel for the applicant submits that the victim and her mother has been examined before the court and they have not supported the case of the prosecution, therefore the applicant may be released on bail.

4.

Learned State counsel is not able to dispute the fact that victim and

her mother has been examined, they have not supported the case of the prosecution.

5.

Considering the facts and circumstances of the case and also for the fact that victim and her mother has been examined before the court and they have not supported the case of the prosecution, 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.

Sd/- (Goutam Bhaduri) JUDGE gouri