ATUL KUMAR CHAUHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) 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.227/2020, registered at Police Station - City Kotwali, Jashpur, District - Jashpur (C.G.) for the offence punishable under Section 363, 366 a and 376 of the Indian Penal Code and Section 5 and 6 of Protection of Children from Sexual Offences Act, 2012.

(2.) It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. The applicant is in jail since 29.01.2021. The applicant himself was minor on the date of incident and he has been treated as major by putting behind the bars in jail. Statement of the prosecutrix under Section 164 of Cr.P.C. shows that she was willing and consenting party. She travelled from Jashpur to Nagpur and went to other places, where she resided for two and half months with the applicants and performed marriage, subsequent to that they had physical relation consensually. The prosecutrix was not minor on the date of incident. Hence, it is prayed that the applicant may be released on bail.

(3.) On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. It is submitted that the prosecutrix was minor on the date of incident, therefore, her willingness and consent is immaterial. Therefore, the applicant is not entitled to be released on bail.