Allowed

Sanjay Kumar Sahu v. State of Chhattisgarh

Chhattisgarh HC20 Jun 2022MCRC/3683/2022

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a third bail application filed by Sanjay Kumar Sahu accused of offences under IPC and POCSO. Relying on the fact that a co-accused with similar allegations had been granted bail, the court released the applicant on personal bond with a surety despite the case being about child sexual abuse.

What did the court decide?

Applicant directed to be released on bail on executing a personal bond in sum of Rs.25,000/- with one surety in the like sum.

Sanjay Kumar Sahu Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2022)

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 3683 of 2022

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Sanjay Kumar Sahu S/o Hemant Kumar Sahu Aged About 19 Years R/o Gondpara, Ward No.6, Bilha, Police Station Bilha, District Bilaspur, Chhattisgarh. --- Applicant

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Versus

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State of Chhattisgarh through Station of House Officer Police Station Bilha, District Bilaspur, Chhattisgarh. -- Respondent

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For the Petitioner : Mr. Amarnath Pandey, Advocate. For the Respondent : Ms. M. Asha, Panel Lawyer.

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Hon'ble Mr. Justice Goutam Bhaduri

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Order on Board

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20.06.2022

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This is 3rd bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 178/2021 registered at Police Station Bilha, Distt. Bilaspur (C.G) for the offences punishable under Sections 363, 376, 34 of IPC and Section 4 & 6 of The Protection of Children from Sexual Offences Act, 2012.

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The first bail application was rejected on 04.01.2022 on merits and the second one was dismissed as withdrawn on 21.02.2022.

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As per the prosecution case, the father of victim has lodged a report that his daughter was missing. During the course of investigation, the victim was found at village Dhanauri, PS Vishrant Vadi, Pune (Maharashtra). On enquiry being made, it was found that the present applicant along-with one Rajkumar Sahu took her away to Pune and committed sexual intercourse. In the case, the present applicant supported the cause to happen.

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Learned counsel for the applicant submits that one of the accused Ganesh @ Golu Sahu with whom the victim and this applicant went on motorcycle has been enlarged on bail by the Coordinate Bench of this Court by order dated

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13.01.2022 passed in MCRC No.9648 of 2021. He submits that except the allegation that Ganesh and this applicant escorted the victim to station on their motorcycle, no sexual harassment has been attributed to them. He further submits that the charge sheet has been filed; no further investigation is necessary and this applicant is in jail since 14.11.2011, therefore, the applicant may be enlarged on bail.

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Per contra, learned State Counsel opposes the bail application. However, she is not able to dispute the fact that co-accused against whom similar allegations were made has been enlarged on bail in MCRC No.9648 of 2021.

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The brother of victim appeared and opposed the bail.

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Having considered the fact that one of the accused against whom similar allegations were made has been enlarged on bail on 13.01.2022 in M.Cr.C. No.9648 of 2021 and the applicant is in jail since 15.11.2021, I am inclined to allow this bail application.

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Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. C.c. as per rules.

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Sd/-

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(Goutam Bhaduri) Judge

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Rao

Sanjay Kumar Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Sanjay Kumar Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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