Allowed

Ashok Chauhan v. State of Chhattisgarh

Chhattisgarh HC8 Dec 2021MCRC/4346/2021

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a first bail application filed under Section 439 CrPC. The Court noted the prosecutrix's complete denial of the incident in her statement. The applicant was released on bail with a personal bond of Rs. 25,000/- and one surety.

What did the court decide?

Application allowed; applicant directed to be released on bail on executing a personal bond of Rs. 25,000/- with one surety.

Ashok Chauhan Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2021)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 4346 of 2021

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Ashok Chauhan S/o Karam Singh Chauhan Aged About 22 Years R/o Village Dholnara, Tahsil- Tamnar, District : Raigarh, Chhattisgarh ---Applicant

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Versus

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State of Chhattisgarh through the Officer-In-Charge, Police Station - Tamnar, District : Raigarh, Chhattisgarh --- Respondent

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For the applicant : Mr. Ashutosh Mishra, Advocate. For the Respondent : Ms.Akshara Amit, Panel Lawyer.

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Hon'ble Shri Justice Goutam Bhaduri

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Order on Board

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08.12.2021

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This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.37/2021 registered at Police Station Tamnar, Distt.Raigarh (C.G) for the offences punishable under Sections 376, 506 of IPC and sections 4 & 6 of the Protection of Children from Sexual Offences Act.

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As per the prosecution case, on 07.02.2021 the applicant forcibly committed sexual intercourse with the girl, who was below the age of 18 years , thereby the offence has been committed.

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Learned counsel for the applicant submits that the prosecutrix has been examined before the Court and she has completely denied the occurrence of the incident, therefore, no offence is made out and the applicant may be enlarged on bail.

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Per contra, learned State Counsel opposes the grant of bail.

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A perusal of the order sheet would show that though the notice was served but either the prosecutrix or the informant have chosen not to appear.

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Perused the statement of prosecutrix P.W.1. Having considered the statement wherein prima facie it shows that she has completely disowned the incident, without any observation on merits of the case, I am inclined to allow this bail application.

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

C.c. as per rules.

Sd/-

GOUTAM BHADURI JUDGE

Rao

Ashok Chauhan v. State of Chhattisgarh

Case brief

What is this about?

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Ashok Chauhan v. State of Chhattisgarh

Case brief

What is this about?

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