PUNA RAM YADAV Vs. STATE OF C G

JUDGEMENT

(1.) The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 56/2013 registered in Police Station-Palari, District Baloda Bazar-Bhatapara (C.G.) for offence punishable under Sections 363, 366, 376 of I.P.C. and Section 3(1)(12) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Applicant has allegedly abducted the prosecutrix, aged about 17 years and 10 months belonging to Scheduled Tribe community and thereafter committed forcible sexual intercourse with her.

(2.) Learned State counsel would oppose the prayer for grant of bail.

(3.) From the case diary statement of the prosecutrix it would appear that for quite sometime prior to the date of incident the applicant was trying to contact her, saying that he loves her. He proposed that they should elope and live their life together for which the prosecutrix agreed and came to pre-decided place on 03/02/2013. They went to Bhilai and thereafter to Durg. When she was recovered they were staying in a room while working in a building construction site at Khamhariya, district Durg. Considering the fact that even missing report was lodged after about eight days i.e. 11/02/2013 and the prosecutrix being nearly 18 years of age had gone with the applicant without raising any protest, this Court is inclined to release the applicant on bail. Accordingly, bail application is allowed. It is directed that the applicant shall be released only after submitting personal bond of Rs. 25,000/- with one surety in the like amount to the satisfaction of concerned trial Court. He is directed to appear before the said Court on each and every date given to him in that behalf.