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Judgment
This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending
before any other court.
Perused the copy of the charge sheet produced by counsel for the applicant in connection with Crime No. 230/2016 registered in police station
Kharsia, Distt. Raigarh (CG) for offence punishable under Sections 363, 366A, 376 of the Indian Penal Code and Sections 4 and 6 of the Protection of
Children from Sexual Offences Act and also heard counsel for the parties.
Prosecution story in brief is that prosecutrix is resident of Jawahar Colony, Kharsia. Her date of birth is 5-10-2000. On 7-6-2016, the applicant took
her away from the custody of her guardian to Delhi. He committed sexual intercourse with her.
Counsel for the applicant argued that the applicant is innocent and falsely implicated hence he be released on bail.
On the other hand, the Dy. Adv. General appearing for the State opposed the bail application.
As per the statement of Section 164 of the Cr.P.C. the prosecutrix had love affairs with the applicant. She had left her parental house voluntarily.
The applicant had not taken her away forcibly. She had told the applicant that if he does not take her with him, then she will commit suicide by cutting
veins of hand by blade. She and the applicant performed marriage on 4-11-2017 and procured a child. The applicant and the prosecutrix live like
husband and wife. Looking to these circumstances, looking to the fact that the applicant is in custody from 22-1-2018 and the fact that trial may take
time, this Court is inclined to give benefit of Section 439 of the Cr.P.C. to the applicant.
Consequently, the application is allowed. It is ordered that if the applicant furnishes one solvent surety for a sum of Rs. 25,000/-along with one
personal bond of the like sum to the satisfaction of the Court concerned with the condition that he will appear before the concerned trial Court at 11
AM as and when directed till trial, he be released on bail.
CC as per rules.