Raja Chandrakar Vs State of Chhattisgarh

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 3215 of 2024

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Raja Chandrakar S/o Shri Lakhan Lal Chandrakar, Aged About 22 Years, R/o Village Sukhatal, Chouki Khandsara, P.S. Bemetara, Tahisl and District Bemetara Chhattisgarh.

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---- Applicant

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Versus

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State of Chhattisgarh Through SHO Police Station Bemetara, District Bemetara Chhattisgarh.

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----Non-applicant

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(Cause-title taken from Case Information System)

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For Applicant – Mr. Vivek Sharma, Advocates. For Non-applicant/State – Ms. Shubha Shrivastava, Panel Lawyer.

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Hon'ble Shri Justice Ravindra Kumar Agrawal

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Order on Board

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19-06-2024

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Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 15-03-2024 in connection with Crime No.112/2024 registered at P.S. - Bemetara District Bemetara, Chhattisgarh for

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the offence under Section 363, 366-A, 376 of the IPC and Section 4 & 6 of POCSO Act.

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2 . The case of prosecution is that, on 11-03-2024 missing report has been lodged by the father of the prosecutrix that his minor daughter aged about 17 years 6 months is missing from the intervening night of 10-03-2024 and 11-032024. During investigation the prosecutrix was recovered on 15-03-2024 from the possession of the applicant. The offence has been registered and the applicant is arrested in the offence.

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3 . Learned counsel for the applicant would submit that the prosecutrix is a major girl, having love affair with the applicant. She herself eloped with the applicant and went with him upto Pune, without there being any objection and raising complaint she stayed with him on her own will and when she came to

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know that her parents have already lodged the missing report, she came back to her parents and under the pressure of her parents she has lodged the report. There is no admissible evidence on record with respect to the age of the prosecutrix. He would also submit that there is no injuries found on the body of

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the prosecutrix while she was medically examined by the doctor. The applicant is in jail since 15-03-2024 and trial of the case will take its own time. Therefore, the applicant may be released on bail.

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4 . On the other hand, learned counsel for the State/non-applicant opposes the bail application

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5 . Pursuant to the order dated 03-05-2024 the father of the prosecutrix has appeared through virtual mode from DLSA Bemetara and raised objection in granting bail to the applicant.

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I have heard learned counsel for the parties.

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Taking into consideration the submissions made by learned counsel for the parties and considering the age of the prosecutrix and nature of allegation as also the evidence available on record, further considering the statement of the prosecutrix under Section 161 and 164 of the Cr.P.C., without commenting anything on merits of the case, I am inclined to release the applicant on bail.

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Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the 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 on each date of hearing before trial Court unless exempted by the trial Court.

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Sd/-

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(Ravindra Kumar Agrawal) Judge

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Aadil

Raja Chandrakar v. State of Chhattisgarh

Case brief

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Raja Chandrakar v. State of Chhattisgarh

Case brief

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