High Court Of ChhattisgarhMCRC/9041/2021allowed

Devraj Jangade v. State Of Chhattisgarh

2021-12-16Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9041 of 2021 Devraj Jangade S/o Chaitram Jangade Aged About 20 Years R/o Village Kuhera, P.S. Rakhi District Raipur Chhatisgarh. --- Applicant

Versus

State of Chhattisgarh through Station House Officer, P.S. Rakhi, District Raipur Chhattisgarh. --- Respondent For the applicant :

Mr. Ravipal Maheshwari, Advocate.

For the Respondent :

Mr. Akshara Amit, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .12.2021

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 240/2021 registered at Police Station Rakhi, Distt. Raipur (C.G) for the offences punishable under Sections 376 of IPC and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012.

2. As per the prosecution case, on 25.09.2021 the applicant knowing fully well that she is minor, allured the minor victim on the pretext of marriage and thereafter committed forcible sexual intercourse, thereby the offence has been committed.

3. Learned counsel for the applicant submits that the statement of victim under section 164 of cr.P.C., would show that no offence has been committed. He further submits that the charge sheet has been filed; no further investigation is necessary and the applicant is in jail since 26.09.2021, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. On 10.12.2021, the victim along with her guardian appeared before this Court through Video Conferencing and submitted that bail may be granted to the applicant. Considering the non-objection of the victim and the statement recorded u/s 164 of Cr.P.C., I am inclined to allow this bail application.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao