Dismissed

Chhabilal Adil v. State of Chhattisgarh

Chhattisgarh HC13 Jun 2022MCRC/1745/2022

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh dismissed an application for regular bail filed under Section 439 CrPC. The applicant was accused of offences under IPC Sections 363, 366, 376 and POCSO Act. Despite arguments regarding false implication and inconsistencies in the prosecutrix's statement, the Court refused bail due to the serious nature of the allegations.

What did the court decide?

Bail application dismissed. Liberty to revive the prayer for regular bail at an appropriate stage.

Chhabilal Adil Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 1745 of 2022

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Chhabilal Adil S/o Vishnu Prasad Adil, Aged About 24 Years R/o Dagori, P.S. Bilha District Bilaspur, Chhattisgarh.

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---- Petitioner

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Versus

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State Of Chhattisgarh Through The Police Station Bilha, District Bilaspur Chhattisgarh.

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---- Respondent

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For Applicant Mr. Rahil Arun Kochar, Advocate For Respondent /State Mr. BP Banjare, Dy. GA

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SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari Order On Board

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13/6/2022

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Heard.

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This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.74/2021 registered at Police Station Bilha, District Bilaspur (CG) for the offence punishable under Sections 363, 366, 376 of the IPC and Sections 4 and 6 of the Protection of Children from Sexual Offences Act.

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The case of the prosecution is that the applicant, on the pretext of marriage committed sexual intercourse with the prosecutrix and thereafter, refused to marry her.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. The

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prosecutrix is a consenting party. There in inordinate delay in lodging the FIR. He also draws attention of the Court to the statement of the prosecutrix, in which, she has stated that her date of birth is of the year 2004. She further admits that in the School Register, her date of birth is recorded as 3.3.2005. Learned counsel submits that there are material contradictions and omissions in the statement of the prosecutrix. He submits that the applicant is in jail since 25.12.2021, therefore, considering all the aspects of the matter, he may be released on regular bail.

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On the other hand, learned counsel for the State opposes the bail application.

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The prosecutrix appeared along with her mother on 6.4.2022 before this Court and opposed the bail application.

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Having considered the submissions of learned counsel for the parties and also considering the nature of allegations, which are serious in nature, I am not inclined to release the applicant on regular bail.

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The application is dismissed. However, the applicant is granted liberty to revive the prayer at an appropriate stage.

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Sd/-

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( Deepak Kumar Tiwari)

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Judge

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Shyna

Chhabilal Adil v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Chhabilal Adil v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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