DEV SINGH Vs. STATE OF C.G.
HIGH COURT OF CHHATTISGARH
STATE OF C.G.
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(1.) HEARD .
(2.) DURING the arguments, learned counsel for both the parties submit that, the name of the petitioner No. 3 is Bhamesh alias Bhameshwar. Therefore,
they pray that, the name of the petitioner No. 3 may be read as Bhamesh alias
The petitioners have preferred this application under Section 439 of the Cr.P.C. for grant of bail. They are accused in Crime No. 74/2004,
registered at Police Station Durgkondal, District Ranker, for commission of
offence punishable under Sections 363, 366-A/34 and 376 of the I.P.C.
Admittedly, on the date of incident, the age of Ku. Sunita was above
16 years but below 18 years. It is alleged that, Ku. Sunita was taken by petitioner No. 1, Dev Singh in order to marry her, with the help of other
petitioners No. 2, Rajesh and No. 3, Bhamesh @ Bhameshwar, who, thereafter,
committed rape on her.
The incident took place on 15-11-2004, but the matter was reported by
her father in Police Station on 19-11-2004 i.e. after 4 days of the incident. It
is apparent that, Ku. Sunita lived in the company of petitioner No. 1, Dev
Singh from 15th to 21 st November, 2004, and was recovered from his custody
on 22nd November, 2004, and during this period, Ku. Sunita visited various
places along with him.
Petitioners' contention is that, from the prosecution story itself, it is
apparent that, Ku. Sunita was a consenting party, who, with her own consent,
lived in the company of petitioner No. 1, Dev Singh for number of days.
Further contention is that, other petitioners did not play any role in the said
allegation except to accompany the petitioner No. 1, Dev Singh for certain
distance. They have been falsely implicated in this case. They are permanent
residents of Village Jadekurshi.
Taking into consideration all the facts, the petition, filed under Section
439 of the Cr.P.C, is allowed, and it is directed that, on furnishing a personal bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two solvent
sureties of the like sum by each of the petitioners, Dev Singh Rajesh and
Bhamesh alias Bhameshwar to the satisfaction of the concerned Court for
their appearance before the concerned Courts as and when directed,
accompanied with the following conditions, they be released on bail:-
1. They shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court. 2. They shall not leave the State of Chhattisgarh without prior permission of the Court. Petition Allowed.
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