Allowed

Rohit Markam v. State of Chhattisgarh

Chhattisgarh HC5 Aug 2020MCRC/3125/2020

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed the applicant's bail application under Section 439 Cr.P.C. The court found the prosecutrix to be a hostile witness based on her deposition. Bail was granted on furnishing a personal bond of Rs. 25,000 with one surety.

What did the court decide?

The bail application under Section 439 Cr.P.C. is allowed; applicant to be released on a personal bond of Rs. 25,000 with one surety.

Rohit Markam Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2020)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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M.CR.C. No. 3125 of 2020

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Rohit Markam, S/o. Rajesh Markam, aged about 22 years, R/o. Village Ayodhyapuri, P.S. Darri, District- Korba, Chhattisgarh.

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---- Applicant

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Versus

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State of Chhattisgarh, Through : P.S. Darri, District- Korba, Chhattisgarh.

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---- Respondent

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For Applicant : Mr. F.S. Khare, Advocate For Respondent/State : Mr. Vimlesh Bajpai, G.A.

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Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board

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05/08/2020

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This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.112/2019, registered at Police Station – Darri, District – Korba (C.G.) for the offence punishable under Section 363, 366, 376 of the Indian Penal Code and Section 4 & 6 of the Protection of Children from Sexual Offences Act.

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It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. No case is made out against the applicant. The prosecutrix has been examined before the trial Court and in her statement, she has not made any kind of allegation against the applicant. On the other hand, she has said that she willingly left her household for the reason that she was aggrieved with

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her own father, therefore, it is prayed that the applicant may be released on bail.

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On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. It is submitted that there is material in prosecution according to which, the applicant is not entitled for grant of bail.

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The prosecutrix/complainant is present before this virtual Court through Help Desk of this High Court and she has stated that she has no objection in grant of bail to the applicant.

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I have heard the learned counsel for both the parties and perused the case diary.

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As per the prosecution case, it is alleged that this applicant abducted the minor prosecutrix and then he has committed the offence of rape with her.

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Considered on the submissions and other facts of the case. Perused the certified copy of the deposition of the prosecutrix, which is filed along with the bail application, which shows that she is a hostile witness, therefore, looking to this development, 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 the Cr.P.C. is allowed.

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It is directed that applicant shall be released on bail on his furnishing a personal bond in the 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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Certified copy as per rules.

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Sd/- (Rajendra Chandra Singh Samant) Judge

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Balram

Rohit Markam v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Rohit Markam v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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