The High Court of Chhattisgarh allowed a regular bail application under Section 439 CrPC for an accused charged under POCSO and IPC for alleged offences of kidnapping and abduction arising from a consensual love affair.
Release on regular bail upon furnishing a personal bond of Rs. 20,000/- with one surety in the like sum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 6462 of 2018
---- Applicant
Versus
---- Respondent
For Applicant : Shri Shivendu Pandya, Advocate For Respondent/State : Shri Anil Pillai, Dy.AG
Hon'ble Smt. Justice Rajani Dubey
Order On Board
26/09/2018
The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.224/2018 registered at police station City Kotwali, District Dhamtari (CG) for the offence punishable under Sections 363,366,376 (2) IPCand Section 6 of the Protection of Children from Sexual Offences Act.
As per prosecution case, the prosecutrix was having love afair with the applicant and that she had roamed various places along with him without offering any resistance. A report was lodged by father of the prosecutrix against the applicant.
Counsel for the applicant submits that he has been falsely implicated and the applicant and the prosecutrix were having love affair and she lived
with him at several places as husband and wife and had developed physical relations with him and thus she is a consenting party. Lastly he submits that the applicant is in jail since 10.05.18 and the trial will take time for final disposal and therefore he may be released on bail.
On the other hand, learned counsel for the State opposes the bail application.
Considering the totality of the facts and circumstances of the case, in particular the nature of allegations against the applicant, I am inclined to release him on bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed.
It is directed that in the event of the applicant’s furnishing a personal bond of Rs. 20,000/- with one surety in the like sum to the satisfaction of the concerned court for his appearance before it as and when directed, he shall be released on bail.
Sd/(Rajani Dubey) Judge
suguna
2 issues framed by the court
Whether to grant regular bail under Section 439 CrPC to an accused in a POCSO case based on allegations of love affair and consent.
Whether the foreseeability of the trial timeline warrants the release of the applicant on bail.
1 provisions across 1 enactments
Sohan Kumar Pal
State Of Chhattisgarh
Rajani Dubey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
