Allowed

Ramesh Bharia v. State of Chhattisgarh

Chhattisgarh HC2 Aug 2022MCRC/3435/2022

Case brief

AI extract

What is this about?

High Court of Chhattisgarh allowed bail for an applicant in custody accused of offences under IPC and POCSO Act. The Court took into account the custodial period and the prosecutrix statement, finding it a fit case for release on bond with surety.

What did the court decide?

The applicant is directed to be released on bail on furnishing a bond of Rs. 25,000 with one surety for the like sum.

Ramesh Bharia 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. 3435 of 2022

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Ramesh Bharia aged about 21 years, S/o Kewala Prasad Bharia, R/o Village Kanaitola Bagdi, PS Pendra, District Gaurella-PendraMarwahi, CG --- Applicant

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--- Applicant

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Versus

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State of Chhattisgarh through SHO, Police Station Gaurella, District Gaurella-Pendra-Marwahi, CG --- Respondent

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For Applicant - Shri B.L. Dembra Advocate For State - Shri Amit Verma, PL

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Order on Board by Hon'ble Shri Justice Sachin Singh Rajput

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02/08/2022

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This first application under Section 439 of the Code of Criminal Procedure has been filed by the applicant who is in custody in connection with Crime No. 101/2022 registered at Police Station Gaurella, District Gaurella-Pendra-Marwahi, CG for the offence punishable under Sections 363, 366, 376 IPC and Sections 4 and 6 of POCSO Act.

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Case of the prosecution in short is that the applicant took the prosecutrix to his house and committed sexual intercourse with her on the pretext of marriage.

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Counsel for the applicant submits that the applicant is innocent and has been implicated in a false case. He submits that the prosecutrix is a major woman and that in her statement recorded under Section 161 CrPC the prosecutrix has not made any allegation against the applicant. He submits that the applicant is in jail since 14.3.2022 and the trial is likely to take some more time, and therefore, the applicant may be released on bail.

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State counsel opposes the application for bail and submits that looking to the allegations made against the applicant, he is not entitled for bail.

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None appears for the prosecutrix despite service of notice.

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Considering the rival submissions made on behalf of the parties, the

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facts and circumstances of the case, looking to the statement of the prosecutrix recorded under Section 161 CrPC, and that he is in jail since 14.3.2022, and the trial may take some more time for conclusion, this Court is of the opinion that it is a fit case to release the applicant on bail. Accordingly, the 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.

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The applicant shall make himself available before the Prosecution Agency as and when called for and shall not influence any of the witnesses in any manner whatsoever. If any adverse report is received, the State or the victim may move for cancellation of bail.

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(Sachin Singh Rajput) Judge

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Jyotishi

Ramesh Bharia v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ramesh Bharia v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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