Chattisgarh High Court
Durgesh Mahar vs State Of Chhattisgarh on 15 September, 2023
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 5733 of 2023
Durgesh Mahar, aged about 24 years. S/o Tilak Bahadur, Caste
Mahar, R/o Village Amera Tikra, P.S. Marvahi, District Gaurella-
Pendra-Marvahi (C.G.)
---- Applicant
Versus
State of Chhattisgarh, Through: P.S. Pendra District Gaurella-
Pendra-Marvahi, Chhattisgarh
---- Respondent
(Cause-tile taken from the Case Information System) For Applicant : Mr. Bharat Lal Dembra, Advocate. For Respondent-State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 15.09.2023
1. The applicant has preferred this First Bail Application under Section 439 of Cr.P.C. for grant of regular bail, as he has been arrested in connection with Crime No. 459/2022, registered at Police Station Pendra District Gaurella-Pendra-Marvahi, Chhattisgarh for the offence punishable under Sections 363, 366, 376, 212, 34 of I.P.C. and Sections 04 & 06 of the Prevention of Children from Sexual Offences Act, 2012.
2. The case of the prosecution, in brief, is that a missing report was lodged by the father of the victim alleging that on 2 07.12.2022, at about 12.00 Noon, the victim had gone somewhere and it is apprehended that victim might go with the applicant.
3. The victim is present in the Court today along with her father in compliance of the order of this Court dated 10.08.2023 and has objected for grant of bail to the applicant.
4. It was argued by the learned counsel for the applicant that the applicant has been falsely implicated in the crime in question. He further submitted that the victim had voluntarily eloped with the applicant and remained with him. Her statement has been recorded by the trial Court, wherein she has admitted the fact that the applicant has not committed any offence against her. The applicant is in jail since 11.12.2022. Though, the trial is in progress, till date, the same has not been concluded. Therefore, he prays for grant of bail.
5. On the other hand, the learned counsel for the State opposes the bail application and submits that the victim is a minor girl aged about 16 years and 3 months. The applicant on the pretext of marriage had established physical relationship with the prosecutrix, therefore, bail application filed by the applicant is liable to be dismissed.
6. I have heard learned counsel for the parties and perused the case diary produced by the learned counsel for the State.
7. Considering the fact that the victim is a minor girl aged about 16 3 years and 3 months and the fact that from perusal of the statement of the victim recorded before the trial Court, it transpires that though they were having some relationship, but the applicant on the pretext of marriage had established physical relationship with her. In view of the statement of prosecutrix recorded by the trial Court, I do not find any good ground to grant bail to the applicant, therefore the bail application of the applicant- Durgesh Mahar, involved in Crime No. 459/2022, registered at Police Station Pendra District Gaurella-Pendra-Marvahi, Chhattisgarh for the offence punishable under Sections 363, 366, 376, 212, 34 of I.P.C. and Sections 04 & 06 of the Prevention of Children from Sexual Offences Act, 2012, is rejected.
8. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within four months from the date of receipt of a certified copy of this order, if there is no legal impediment.
9. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha) Chief Justice ved