Allowed

Narayan @ Khilu v. State Of Chhattisgarh

Chhattisgarh HC15 Jul 2016MCRC/3681/2016

Case brief

AI extract

What is this about?

This High Court of Chhattisgarh allowed a first bail application under Section 439 CrPC for an applicant arrested for offences under IPC and POCSO. The court relied on statements from the victim and her mother claiming the victim was of marriageable age and the applicant performed marriage, granting bail with a bond.

What did the court decide?

Application allowed; applicant released on personal bond of Rs. 25,000/- with one surety in like sum, conditioned on appearance as directed.

Narayan @ Khilu Vs State Of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2016)

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Page No.1

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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M.CR.C. No. 3681 of 2016

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Narayan @ Khilu, S/o. Shri Guman Singh Meshram, aged about 21 years, R/o. Sanjari, P.S. Daundilohara, District – Balod (C.G.)

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----Applicant

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Versus

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State of Chhattisgarh, Through : Police Station – Devari, District – Balod (C.G.)

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---- Respondent

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For Applicant : Mr. N.K. Chatarjee, Advocate For Respondent/State : Mr. Anil S. Pandey, Govt. Advocate

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Hon'ble Shri Justice Goutam Bhaduri

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Order On Board

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15/07/2016

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This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.276/2015, registered at Police Station – Devari, District – Balod (C.G.) for the offence punishable under Section 363, 366, 376 of Indian Penal Code and Section 4, 5 (L), 6 of Protection of Children from Sexual Offences Act, 2012.

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Case of the prosecution, in brief, is that on 01.12.2015 a missing report was made by the father of the prosecutrix that her daughter is missing from 25.11.2015. Subsequently she was found in the possession of the applicant, and after investigation it was revealed

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Page No.2

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that she being the minor she was taken away by the applicant on the pretext of marriage and has committed sexual intercourse. Thereby the offence is committed.

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Learned counsel for the applicant submits that the girl/victim was in love relation with the applicant and she herself had went along with the applicant and performed marriage at Surat and thereafter they were living together and they came back and since the report was made, the applicant has been arrested. The counsel referred to the statement of the mother of the victim and would submit that the girl has performed marriage with the applicant and on the date she was more than 17 years six months as such she was able to understand her welfare. Therefore, counsel prays that the applicant may be enlarged on bail.

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On the other hand, learned counsel for the State opposes the bail application.

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I have heard learned counsel for the parties.

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Perused the statement of the victim as also the statement of mother, wherein it is stated that the applicant has performed marriage with the victim/girl. Considering such statement of victim/girl and her mother, without any observation on merits, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

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Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

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Page No.3

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It is directed that applicant shall be released on bail on his furnishing a personal bond in the 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.

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Certified copy as per rules.

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Sd/(Goutam Bhaduri) Judge

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Balram

Narayan @ Khilu v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Narayan @ Khilu v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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