Bhagirathi Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7608 of 2019 • Bhagirathi Sahu S/o Shri Santram Sahu, Aged About 28 Years R/o Village Kosrangi P.S. Khallari, Tahsil Bagbahra, District Mahasamund Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Khallari, District Mahasamund Chhattisgarh.

---- Respondent For Applicant.

:

Mr. Sunil Sahu, Advocate.

For Respondent/State :

Mr. Akhtar Hussain, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 16.01.2020

1. The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 198/2019 registered at Police Station : Khallari, District Mahasamund (C.G.) for the offence punishable under Section 376 of IPC and Section 6 of the Protection of Children From Sexual Offences Act, 2012.

2. As per the prosecution case, prosecutrix without informing her parents ran away from her house. complainant/ Father of the prosecutrix, lodged a missing report of his daughter before the concerned police station. After investigation, she was recovered from the possession of applicant. After recording the statement of the prosecutrix, offence has been

registered against the applicant and he has been arrested.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He further submits that there was love affair between the applicant and prosecutrix and with the consent of both of them they have performed marriage on 23.10.2019. He next submitted that applicant is in jail since 09.11.2019 and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this Hon'ble Court, therefore, he may be released on bail.

4. On the other hand, State counsel opposes the bail application.

5. I have heard learned counsel for the parties and perused the record.

6. Considering the facts and circumstances of the case, the detention period of the applicant and further considering the age of prosecutrix i.e. above 16 years, as trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 25,000/- with one surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

Sd/- (Rajani Dubey) Judge Vijay Sahu