Allowed

Madhav Chakravarti v. State of Chhattisgarh

Chhattisgarh HC19 Jul 2021MCRC/1263/2021

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C. for offences including rape and molestation of a minor under POCSO, the High Court ruled in favor of the applicant, allowing bail subject to a personal bond.

What did the court decide?

Application for regular bail under Section 439 Cr.P.C. allowed. Applicant to be released on furnishing a personal bond of Rs.25,000/- with one surety in like sum.

Madhav Chakravarti Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2021)

¶1

-1-

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

MCRC No. 1263 of 2021

¶5

Madhav Chakravarti S/o Sudhuram, Aged About 21 Years, R/o Village Pokdega, Police Station Lailunga, District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

¶6

---- Applicant

¶7

Versus

¶8

State Of Chhattisgarh, Through Station House Officer, Police Station Lailunga, District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

¶9

----Non-applicant

¶10

For Applicant – Shri Ajeet Kumar Yadav, Advocate. For Non-applicant/State – Shri Amit Kumar Verma, Panel Lawyer.

¶11

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

¶12

19-07-2021

¶13

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 17-09-2020 in connection with Crime No.208/2020 registered at P.S. - Lailunga, District Raigarh, Chhattisgarh for the offence under Section 363, 376D, 511, 506, 34 of the IPC and Section 7, 8 & 4 of the Protection of Children from Sexual Offences Act, 2012.

¶14

2 . It is submitted on behalf of the applicant, that the applicant has been falsely implicated. He is in jail since 17-09-2020. The prosecutrix has been examined in the trial and she has been declared hostile by the prosecutor, therefore, she is not a reliable witness. Hence, under these circumstances this applicant is entitled for grant of bail and it is prayed that he be granted bail.

¶15

3 . Learned counsel for the State/non-applicant opposes the application submitting that on the date of incident age of the prosecutrix was only 14 years. There are other witnesses remained to be examined in trial, therefore, the case may take another turn. Hence, the application may be rejected.

¶16

4 . Notice issued to the complainant has been returned served, but there is

¶17

-2-

¶18

no appearance and no representation.

¶19

Heard learned counsel for the parties and perused the case diary.

¶20

According to the prosecution case, on the date and time of the incident when the minor prosecutrix was on her way, the applicant along with coaccused forcefully took the prosecutrix to another place, where she was disrobed and both of them made attempt to rape her. The prosecutrix was also threatened and abused by this applicant and co-accused person, regarding which the FIR has been lodged.

¶21

Considered on the submissions and the facts present in the case. After perusal of certified copy of the deposition of the prosecutrix, I feel inclined to allow this application.

¶22

8 . Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the 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 Court, for his appearance as and when directed.

¶23

9 . Certified copy as per rules.

¶24

Sd/-

¶25

(Rajendra Chandra Singh Samant) Judge

¶26

Aadil

Madhav Chakravarti v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Madhav Chakravarti v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bablu Yadav Vs State of Chhattisgarh

Ramu @ Rakesh Jayswal Vs State of Chhattisgarh

Lokesh Chandrakar Vs State of Chhattisgarh

Premlal Khande Vs Ashok Leyland Finance

Narsingh Sahu Vs Toman Lal Sahu and Others

Indrapal Vs Ajay Singh