Allowed

Ishwar Podyami v. State of Chhattisgarh

Chhattisgarh HC6 May 2022MCRC/3267/2022

Case brief

AI extract

What is this about?

High Court of Chhattisgarh allowed a second bail application under Section 439 Cr.P.C. filed by Ishwar Podyami, who was accused of abduction and sexual exploitation of a minor. The court granted bail due to the prosecutrix failing to support the prosecution case during trial and parents turning hostile.

What did the court decide?

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

Ishwar Podyami 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. 3267 of 2022

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Ishwar Podyami S/o Mehttar Podyami presently Aged about 20 Years, R/o Dongrigudapara Tahsil Tokapal P.S. Parpa Distt. Bastar Chhattisgarh

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---- Applicant

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Versus

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State Of Chhattisgarh Through P.S. - Parpa Distt. Bastar Chhattisgarh

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----Non-applicant

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For Applicant – Shri Santosh Bharat and Shri Vikash A. Shrivastava, Advocates. For State/Non-applicant – Shri Ishan Verma, Panel Lawyer.

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Hon'ble Shri Justice Rajendra Chandra Singh Samant

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Order on Board

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06-05-2022

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1 . Heard on the application filed under Section 439 of the Cr.P.C. This is second bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 21-07-2021 in connection with Crime No.89/2021 registered at P.S. - Parpa, District Bastar, Chhattisgarh for the offence under Section 363, 366(a) & 376 of the IPC and Section 06 of the Langik Apradhon Se Balkon Ka Sanrakshan Adhiniyam 2012.

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2 . It is submitted on behalf of the applicant, that this is second bail application filed by the applicant before this Court, his earlier bail application MCRC No.5740/2021 was dismissed as withdrawn on 07-09-2021. It is submitted by learned counsel for the applicant that, the applicant has been falsely implicated. He is in jail since 21-07-2021. The prosecutrix has been examined in the trial and she has not supported the prosecution case . Therefore, it is prayed that the applicant may be granted bail.

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3 . Learned counsel for the State/non-applicant opposes the application.

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4 . The preosecutrix is virtually present through the Help Desk of DLSA

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Jagdalpur. She has no objection in grant of bail to the applicant.

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5 . Heard learned counsel for the parties and perused the case diary.

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According to t he prosecution case, this applicant abducted the minor prosecutrix, kept her in his custody and exploited her sexually.

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Considered on the submissions. Perused certified copy of the deposition of the prosecutrix and it is found that she has not supported the prosecution case. Similarly, mother and father of the prosecutrix have also turned hostile. Hence, looking to this development in the trial, I feel inclined to allow this application.

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8 . Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed.

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9 . Certified copy as per rules.

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Sd/-

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(Rajendra Chandra Singh Samant)

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Judge

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Aadil

Ishwar Podyami v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ishwar Podyami v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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