Allowed

Govind Rajbar v. State of Chhattisgarh

Chhattisgarh HC5 Aug 2022MCRC/2749/2022

Case brief

AI extract

What is this about?

The High Court allowed the bail application of an applicant in custody facing charges under Sections 376, POCSO, and the Prevention of Atrocities Act. The court deemed it a fit case for release upon furnishing a bond of Rs. 25,000 with one surety, subject to specific conditions regarding inducement, trial conduct, and future offenses.

What did the court decide?

Released on bail by furnishing a bond in the sum of Rs. 25,000/- with one surety for the like sum, subject to four specific conditions of conduct and appearance.

Govind Rajbar Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2022)

¶1

NAFR

¶2

HIGH COURT OF CHHATTISGARH, BILASPUR

¶3

MCRC No. 2749 of 2022

¶4

Govind Rajbar S/o Avdhesh Rajbar Aged About 33 Years R/o Jaiswal Hotel Main Road Bijapur, District Bijapur, Chhattisgarh, Permanent Address Q.No.8 Ward No.2 Chouhada Ward, Rudrapur, Police Station And District Rudrapur, (Uttar Pradesh)

---- Applicant

(In Jail)

Versus

State Of Chhattisgarh Through The Police Station Ajak District Bijapur, Chhattisgarh.,

¶9

---- Respondent

¶10

For Applicant Shri Pravin Kumar Tulsiyan, Advocate For State - Ms. Richa Shukla, Dy. GA

¶11

Hon'ble Shri Justice Sachin Singh Rajput Order on Board

¶12

05/08/2022

¶13

This application under Section 439 of the Code of Criminal Procedure has been filed by the applicant who is in custody with Crime No. 03/2021 registered in Police Station Ajak District Bijapur (C.G.) for the offence punishable under Sections 376 and U/s. 4 and 6 of POCSO Act, 2012 & U/s. 3(2) (V) of the Scheduled Caste and Scheduled Tribe (Prevention of Attrocities Act, 1989.

¶14

Prosecution story in brief is that complaint was made by the prosecutrix that applicant outraged the modesty of the prosecutrix and committed sexual intercourse and thereafter, FIR was lodged against the applicant.

¶15

Learned counsel for the applicant submits that statement of the prosecutrix and brother of the prosecutrix recorded and they have not supported the case of prosecution. He further submits that the applicant

¶16

-2-

¶17

is in jail since 18/06/2021 and trial is likely to take some more time for conclusion,therefore, the bail may be granted to him bail.

¶18

On the other hand, learned counsel for the state opposes the application for bail and submits that looking to the overt act attributed to the applicant, he is not entitled for bail.

¶19

Heard learned counsel for the parties and perused the record.

¶20

Considering the rival submission made on behalf of the parties, the fact and circumstances of the case that the applicant is in jail 18/06/2021 and looking to the court statement of the prosecutrix and her brother. This court is of the opnion that it is a fit case to release the applicant on bail. Accordingly this application is allowed and the applicant is directed to be released on bail on his furnishing a bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned Court for his appearance before that Court as and when directed. The applicant shall comply the following conditions:-

¶21

(i) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer;

¶22

(ii)that the applicant shall not act in any manner which will be prejudicial to fair and expeditious trial;

¶23

(iii)that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial;

¶24

(iv)that applicant will not involve himself / herself in any offence of similar nature.

¶25

It is made clear that the observations made here-in-above are only for the purpose of deciding the bail application and the trial court will decide the case on its own merit without being influenced. If any one of the above conditions is violated by applicant, the State will be at liberty to file application for cancellation of the bail granted to him.

Govind Rajbar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Govind Rajbar 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

Bukki @ Tunni Dhanraj Salunke Vs State Of Chhattisgarh

Soni @ Sonu Pardhi Vs State Of Chhattisgarh

Gangaram Chauhan Vs State of Chhattisgarh

Hinchharam Vs State of Chhattisgarh

Divyendra Singh Rajput Vs State of Chhattisgarh

Pallavi Kurre @ Pallavi Jangde Vs State of Chhattisgarh