ATUL PATNE Vs. STATE OF C.G.

JUDGEMENT

(1.) This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant who has been arrested in connection with Crime No. 238/2013 registered at Mohan Nagar, Distt. Durg (C.G.) for the offence punishable under Sections 363 & 366 IPC. From the contents of the case diary statements of the victim, it would appear that the applicant and the victim were in love and on the date of incident, this applicant talked to victim through the mobile phone of her mother and planned to elope at 1 a.m., in the mid night. According to the plan, the applicant reached over the terrace of a house adjoining to the house of victim and after jumping on the ground, they eloped on a motorcycle. They went to Dongargarh temple where this applicant wanted to marry her. However, when they were inside the temple, the Police came there and arrested this applicant.

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

(3.) Considering the fact that the applicant is a young boy aged about 19 years; he has not outraged the modesty of the prosecutrix nor sexually assaulted her and he is in jail since 04.06.2013, this Court is inclined to release the applicant on bail.