Allowed

Rahul Choure v. State Of Chhattisgarh

Chhattisgarh HC13 Jun 2016MCRC/1024/2016

Case brief

AI extract

What is this about?

This judgment grants regular bail to the applicant arrested for IPC offences and UPOCSO. Based on the prima facie observation that the prosecutrix and her mother did not support the prosecution case, the High Court held it was a fit case to enlarge the applicant on bail by furnishing a personal bond of Rs.25,000/-.

What did the court decide?

The applicant shall be released on bail upon furnishing a personal bond of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court.

Rahul Choure Vs State Of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2016)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 1024 of 2016

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Rahul Choure, S/o. Govind Choure, Aged about 22 years, resident of village Parsahi, Police Station- Dongargarh, District Rajnandgaon (C.G.)

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---- Applicant

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Versus

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State of Chhattisgarh Through Station House Officer, Police Station Khairagarh, District Rajnandgaon (C.G.)

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		---- Respondent
For Applicant	:-	Mr. Basant Dewangan, Advocate
For Respondent/ State	:-	Mr. Lav Sharma, Panel Lawyer

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Hon'ble Shri Justice Goutam Bhaduri Order On Board By

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13/06/2016

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This is the first bail 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. 253/2015 registered at Police Station- Khairagarh, District – Rajnandgaon (C.G.) for the offence punishable under Sections 363,366,376 of IPC and section 4 of Protection of Children from Sexual Offence Act, 2012.

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As per the prosecution case, in brief, is that the applicant took away the prosecutrix from the lawful guardianship of their parents, who was minor and thereafter the applicant committed sexual intercourse with the prosecutrix, thereby the offence has been committed.

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Counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the prosecutrix and her father have been examined in the case

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and they have not supported the case of the prosecution therefore, no offence is made out against the applicant. He further submits that the applicant is in jail since 05.05.2015, therefore, the applicant may be enlarged on bail.

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Learned State counsel opposes the prayer for grant of bail.

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Perusal of the statement of the prosecutrix, prima-facie, after going through the statement of the prosecutrix and her mother, it appears that they have not supported the case of the prosecution. Considering the fact for the purpose of bail without any observation on merit, this Court is of the opinion, that present is a fit case, in which, the applicant should be enlarged on regular bail.

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Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

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

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Sd/-

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(Goutam Bhaduri) Judge

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Santosh

Rahul Choure v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Rahul Choure v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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