Allowed

Sanjay Kohli v. State Of Chhattisgarh

Chhattisgarh HC16 Nov 2015MCRC/5691/2015

Case brief

AI extract

What is this about?

Single judge order granting bail to an applicant arrested for abduction and offences under IPC and POCSO Act. Considering the marriage certificate and children born out of wedlock, the court inclined to release him on personal bond with one surety.

What did the court decide?

Release of the applicant on personal bond for Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned trial court.

Sanjay Kohli Vs State Of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2015)

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 5691 of 2015

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Sanjay Kohli S/o Banshraj Kohli Aged About 24 Years Caste - Satnami, R/o Village - Matiya, P.S. - Giroudhpuri Chowki, P.S. - Gidhouri, Civil & Revenue District - Baloda Bazar Bhatapara. Chhattisgarh Present R/o Village Badhra, P.S. - Pamgarh, District Janjgir Champa Chhattisgarh

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---- Applicant

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Versus

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State Of Chhattisgarh Through - P.S. - Giroudhpuri Chowki, P.S. - Gidhouri, Civil & Revenue District - Baloda Bazar Bhatapara Chhattisgarh

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---- Respondent

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For applicant - Shri Sumit Jhanwar, Advocate. For Respondent/State – Shri Om. P. Sahu, PL.

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Hon'ble Shri Justice Goutam Bhaduri Order

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16/11/2015

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The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 349/2013 registered in Police Station Gidhouri, District-Baloda Bazar Bhatapara (C.G.) for offence punishable under section 363, 366, 368 & 376/34 of IPC & 4, 17 & 18 of Protection of Children from Sexual Offences Act, 2012.

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As per the prosecution case on 25/09/2013 prosecutrix was abducted with the help of the friend of the applicant on the pretext of marriage and thereafter she travelled at different places along with the applicant and on that basis case was registered.

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Learned counsel for the applicant submits that charge sheet in this case has been filed and applicant was married to the prosecutrix and they were living together and child has been born out of the wedlock. Learned counsel for the applicant places his reliance on the marriage certificate issued in favour of the applicant. Therefore, he submits that applicant may be released on bail.

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Learned State counsel opposes the prayer for grant of bail.

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After observing the documents which is marriage certificate along with the affidavit of the prosecutrix wherein she has stated that she has been married with the applicant and out of the marriage two children are also born, without any observation on merit, taking in to fact that charge sheet has been filed, this court is inclined to release the applicant on bail.

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Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

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Certified copy as per rules.

Sd/-

(Goutam Bhaduri)

JUDGE

gouri

Sanjay Kohli v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Sanjay Kohli v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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