Allowed

Budhram Nag v. State of Chhattisgarh

Chhattisgarh HC14 Mar 2022MCRC/1556/2022

Case brief

AI extract

What is this about?

This is a bail application under Section 439 CrPC for an accused charged with offences under sections of IPC and POCSO. The High Court allowed the application, directing release on regular bail after considering the lack of support from the prosecutrix in trial court and nature of allegations.

What did the court decide?

Regular bail granted with bail bond of Rs. 25,000 and two sureties in like sum. Conditions include regular court appearance and non-tampering with witnesses.

Budhram Nag Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2022)

¶1

¶2

NAFR

¶3

HIGH COURT of CHHATTISGARH, BILASPUR

¶4

MCRC No. 1556 of 2022

¶5

Budhram Nag S/o Dalsai Nag, aged about 22 Years R/o Village Chingpal, Tahsil Darbha, District Bastar, Chhattisgarh.

¶6

------Applicant

¶7

VERSUS

¶8

State of Chhattisgarh through: Police of Police Station Parpa, District Bastar, Chhattisgarh

¶9

------- Non-applicant

¶10

For Applicant : Mr. Manish Nigam, Advocate.

¶11

For Non-applicant : Mr. Afroj Khan, Panel Lawyer.

¶12

Single Bench: Hon'ble Shri Parth Prateem Sahu, Judge ORDER

¶13

14/03/2022

¶14

Applicant has filed this Second Bail application under Section 439 of CrPC for grant of regular bail as he has been arrested in connection with Crime No. 127/2021 registered at police station Parpa, District Bastar (C.G.) for offence punishable under Section 363, 366, 376 of IPC and Section 6 of POCSO Act.

¶15

Learned counsel for applicant submits that this is second bail application, first bail application filed by applicant for grant of bail was dismissed as withdrawn vide order dated 06.12.2021. After rejection of first bail application, prosecutrix was examined before the trial Court and she has not supported the case of prosecution.

¶16

Case of prosecution is, that on 20.06.2021, father of prosecutrix lodged missing report of her daughter (prosecutrix) in the concerned police station. During course of investigation, prosecutrix was recovered from the house of applicant. Prosecutrix was brought to the police station and her statement under Section 161 of CrPC was recorded. Thereafter, applicant

¶17

¶18

was arrested for the above-mentioned offences.

¶19

Learned counsel for applicant submits that applicant has been falsely implicated in the crime, he has not committed any offence as alleged against him. He submits that prosecutrix has not made any allegation against applicant which is also apparent from her statement recorded under Section 164 of CrPC wherein she specifically stated that she left her house due to cruel act of her father of assault upon her and only to save herself she went out the house. He also contended that prosecutrix is now examined before the trial Court, she has not supported the case of prosecution in any manner. Applicant is in jail since 22.06.2021. There are as many as 18 witnesses out of which only 2 witnesses have been examined till 09.12.2021. Trial may take some time to conclude, hence, applicant may be enlarged on bail.

¶20

Learned State counsel, while opposing the submissions of learned counsel for the applicant, would submit that in the statement of prosecutrix recorded under Section 161 of CrPC, there is allegation against applicant that during stay of prosecutrix in his house, he has committed sexual intercourse with her. Similar allegation of commission of sexual intercourse by applicant has been levelled in the statement recorded under Section 164 of CrPC. However, upon pointing out the copy of deposition sheet placed on record by the counsel for applicant, he submits that evidence of prosecutrix is required to be appreciated by the trial Court.

¶21

Father of prosecutrix along with prosecutrix is present before this Court through virtual mode from District Legal Services Authority, Jagdalpur. He opposes the application for grant of bail to

¶22

¶23

applicant.

¶24

I have heard learned counsel for the parties.

¶25

Taking into consideration, nature of allegations, facts and circumstances of the case, submission of learned counsel for the parties. Further the submission of learned counsel for applicant that prosecutrix was examined before the trial Court and has not supported the case of prosecution, without commenting anything on merits, I am inclined to allow the bail application.

¶26

Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of Rs.25,000/- with surety in the like sum to the satisfaction of the Court on the conditions that-

¶27

a) Applicant shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

¶28

b) The applicant shall not, in any manner, tamper with the prosecution witnesses.

¶29

c) If the applicant is found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail.

¶30

Certified copy as per rules.

¶31

Sd/- (Parth Prateem Sahu) Judge

¶32

P a w a n

Budhram Nag v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Budhram Nag 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

M/s Budhia Auto T. P. Nagar Vs Divisional. Deputy Commissioner Of Commercial Tax

Narayan Biswas Vs Central Government Industrial Tribunal-cum-Labour Court

Pyari Dadsena Vs Nagendra Kumar Dadsena

Vimlarani and Ors. Vs Jagdish Lal and Ors.

Prakash @ Bunti Gaharwar Vs State of Chhattisgarh

Shivshankar Rahi Vs State of Chhattisgarh