Subho Kumar Kanwar vs State Of Chhattisgarh

Heard.

The prosecutrix appears through video conferencing from DLSA, Korba.

This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.649/2021 registered at Police Station Urga, District Korba (CG) for the offence punishable under Sections 376(2) (b) and 506-B of the IPC and Section 6 of the Protection of Children from Sexual Offences Act.

The case of the prosecution is that the applicant, who is a Teacher in Higher Secondary School, Village Gidhouri, committed sexual intercourse with the complainant, who was his student, on several occasions on the pretext of marriage.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case; he is innocent and the prosecutrix entered into consensual relationship with the applicant and; she willingly left her home to marry with the applicant. The prosecutrix though minor but was aged more than 17 years on the date of the incident. The FIR has been lodged belatedly, therefore, he prays for releasing the applicant on regular bail.

Per contra, learned counsel for the State opposes the bail application and submits that on the date of the incident, the prosecutrix was minor and the allegations levelled against the applicant are serious in nature.

The prosecutrix appearing through video conferencing from DLSA, Korba also opposes the bail application.

Having considered the submissions of learned counsel for the parties and also considering the allegations, which are serious in nature, I am not inclined to release the applicant on regular bail.

Accordingly, the bail application is dismissed. However, liberty is reserved in favour of the applicant to repeat the prayer after examination of the prosecutrix.