Allowed

Roshan Kumar Sonwani v. State of Chhattisgarh

Chhattisgarh HC14 Jun 2022MCRC/4005/2022

Case brief

AI extract

What is this about?

High Court of Chhattisgarh granted regular bail to the first accused in a POCSO case for enticement and abduction. The court relied on the victim's no-objection statement made via video conferencing and her prior failure to support the prosecution case in lower courts.

What did the court decide?

Applicant released on personal bond of Rs. 25,000/- with one surety of equal amount to be approved by trial court.

Roshan Kumar Sonwani Vs State of… — Child Custody and Guardianship | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 4005 of 2022

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Roshan Kumar Sonwani S/o Late Manilal Sonwani Aged About 26 Years R/o Village Salka, Police Station And Tahsil Baikunthpur, District Koriya Chhattisgarh. --- Applicant

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Versus

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State of Chhattisgarh Through Station House Officer, Police of Police Station Kelhari, District Koriya Chhattisgarh. --Respondent

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For the Petitioner : Mr. Anil Gulati, Advocate. For the Respondent : Mr. Ajay Kumrani, Panel Lawyer.

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Hon'ble Mr. Justice Goutam Bhaduri

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Order on Board

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14.06.2022

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This is second 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. 77 of 2021 registered at Police Station Kelhari, District Koriya (C.G) for the offences punishable under Sections 363, 366, 376(2) (Dha)/34 of IPC and sections 4 & 6 of the Protection of Children from Sexual Offences Act.

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As per the prosecution case, on 12.10.2021 the applicant has enticed away the victim from the lawful custody of her parents knowing fully aware of the fact that she was a minor girl, thereby offence has been committed.

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Learned counsel for the applicant submits that the first bail petition was dismissed as withdrawn on 28.01.2022 and by now the victim has been examined and she has not supported the case of prosecution and completely disowned

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the case of prosecution. He further submits that the charge sheet has been filed, no further investigation is necessary and applicant is in jail since 18.10.2021, therefore, the applicant may be enlarged on bail.

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Today, the victim girl along with her father appears through Video Conferencing from DLSA Koriya and does not object to grant of bail to the applicant.

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Per contra, learned State Counsel opposes the bail application.

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Having considered the fact that the victim has been examined before the court below and did not support the case of prosecution and further considering the statement of no-objection made by the victim girl during video conferencing held today for grant of bail, 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.

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C.c. as per rules.

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Sd/(Goutam Bhaduri) JUDGE

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Rao

Roshan Kumar Sonwani v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Roshan Kumar Sonwani v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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