Allowed

Mohan Sahu v. State of Chhattisgarh

Chhattisgarh HC9 Dec 2021MCRC/7936/2021

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed the bail application of Mohan Sahu, charged with kidnapping and sexual offences under IPC and POCSO. Finding the victim resides with the applicant as a wife and no further investigation needed, the court ordered his release with a personal bond of Rs.25,000/-. The order was thin.

What did the court decide?

Release on personal bond of Rs.25,000 with one surety for regular appearance.

Mohan Sahu Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2021)

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 7936 of 2021

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Mohan Sahu S/o Saraju Sahu Aged About 20 Years (which is not mentioned in Annexure A-1), R/o Urkura Mathpara, Ward No. 17, Police Station Khamtarai, District Raipur, Chhattisgarh.

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---- Applicant

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Versus

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State Of Chhattisgarh Through Station House Officer, Police Station Dharsiwa, District Raipur, Chhattisgarh.

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---- Respondent

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For applicant - Shri C.R. Sahu, Advocate. For Respondent/State – Smt. M. Asha, PL.

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Hon'ble Shri Justice Goutam Bhaduri Order

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09/12/2021

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The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.527/2020 registered in Police Station Dharsiwa Raipur (C.G.) for offence punishable under sections 363,

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366, 376 of Indian Penal Code and Section 4, 6 of the Protection of Children from Sexual Offences Act, 2012.

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As per the prosecution case, on 20/11/2020 the applicant enticed away the minor girl from the lawful custody of their parents and forcefully committed sexual intercourse, thereby offence has been committed.

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Learned counsel for the applicant submits that the victim is not minor she has performed marriage with the applicant and she is residing in the house of the applicant, therefore the applicant may be released on bail.

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Victim is present before this Court and she has stated that she is residing in the house of Mohan Sahu as a wife in the in-laws place.

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Learned State counsel opposes the prayer for grant of bail.

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Considering the submission of the victim, she is residing in the

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house of applicant and no further investigation is necessary, applicant is in jail since 11/09/2021, therefore this court is inclined to release the applicant on bail.

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

Sd/-

(Goutam Bhaduri)

JUDGE

gouri

Mohan Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Mohan Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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