Tilakram Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2262 of 2017 • Tilakram Sahu S/o Pardeshi Ram Sahu, Aged About 20 Years R/o Village Radwahi Police Station Korar, Revenue And Civil District North Bastar Kanker, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through: The Police Station Korar, District North Bastar Kanker, Chhattisgarh.

---- Respondent For Applicant : Shri P.K. Tulsyan, Advocate For State ; Shri Chandresh Shrivastava, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 18/05/2017

1. Heard.

2. This is second bail application under Section 439 of Cr.P.C. First bail application was dismissed as withdrawn. The applicant has been arrested in connection with Crime No. 83/2016 registered in Police Station Korar, District North Bastar, Kanker (C.G.) for the alleged commission of offence under Sections 376 ad 506 (B) of IPC and Section 6 and 4 of the Protection of Children for Sexual Offence Act, 2012.

3. Case of the prosecution, in brief, is that the applicant has committed rape with the prosecutrix, who is stated to be minor.

4. Learned counsel for the applicant submits that the prosecutrix has been examined in the Court and her statement does not clearly spell out that any rape was committed with her in affair between the applicant and prosecutrix. It is also submitted that the prosecutrix was more than 18 years of age, in fact, the prosecutrix and the applicant are willing to marry as have an affair, therefore, in these circumstances the applicant may be granted bail.

5. On the other hand, learned counsel for the State has opposed the bail application. He submits that prosecution has examined the prosecutrix, who

is less than 18 years and the prosecutrix has stated that sometine wrong had happened to her, therefore, it is a matter of appreciation of evidence.

6. Considered the submissions made by learned counsel for the parties, taking into consideration that the prosecutrix and her father both have been examined and submission of learned counsel for the applicant that the evidence of the prosecutrix shows that she is willing to marry with the applicant, having an affair with him, applicant is in jail since 03/10/2016 and the applicant is not likely to abscond or temper with the prosecution witnesses, I am inclined to enlarge the applicant on bail. The bail application is allowed.

7. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.20,000/- along with one local surety for the like amount to the satisfaction of the concerned trial Court with following further conditions:

(i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.

SD/- (Manindra Mohan Shrivastava) Judge Kamde