INDRAPAL VISHWAKARMA Vs. STATE OF C.G.

JUDGEMENT

(1.) This is an application filed u/s. 439 of the Code of Criminal Procedure seeking granting of regular bail to the applicant in connection with Crime No. 34/2015 registered at Police Station Saja, Distt. Bemetara (C.G) for the offences punishable under sections 363, 366(A), 376 IPC and Sections 5 & 6 of Protection of Children from Sexual Offences Act. As per the prosecution case, a report was made by the brother of victim that the applicant enticed the victim minor girl and thereafter took her away to different places and committed sexual intercourse with her and the victim was recovered from the possession of the applicant.

(2.) Learned counsel for the applicant submits that the girl was aged about 17 years and few months and she was able to understand her well being and the applicant has not committed forcible sexual intercourse nor he has enticed the girl. He further submits that the applicant is in jail since 25.02.2015 and looking his detention, he may be enlarged on bail.

(3.) Per contra, learned State Counsel opposes the prayer for grant of bail.