Allowed

Sonu Lakda v. State of Chhattisgarh

Chhattisgarh HC4 Aug 2022MCRC/4665/2022

Case brief

AI extract

What is this about?

In this First Bail Application, the High Court of Chhattisgarh considered an appeal for regular bail filed by an applicant in jail since December 2021 for offences under IPC and POCSO Act relating to the disappearance of a child. The court observed the gravity of the offence but noted the charge-sheet was filed and trial would take time, granting regular bail with a personal bond and one surety.

What did the court decide?

The bail application under Section 439 CrPC is allowed; the applicant is directed to be released on a personal bond of Rs. 25,000/- with one surety.

Sonu Lakda 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. 4665 of 2022

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Sonu Lakda, S/o Balam Lakda, Aged About 21 Years, R/o Lalmati, PS Kotwali, Ambikapur, District : Surguja (Ambikapur), Chhattisgarh. ---- Applicant

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Versus

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State of Chhattisgarh, Through - The Station House Officer, PS Batouli., District : Surguja (Ambikapur), Chhattisgarh.

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---- Non-Applicant

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For Applicant : Shri Jitendra Shrivastava, Advocate

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For Non-Applicant/State : Shri Praveen Shrivastava, Panel Lawyer

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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04.08.2022

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Heard.

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1. The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 13.12.2021 in connection with Crime No.112/2021 registered at Police Station- Batouli, District- Surguja (C.G.) for the offence punishable under Sections 363, 370 read with Section 34 (twice), 120-B (twice) of IPC; Section 16 read with Section 17 of POCSO Act & Section 3(2-5A) of SC/ST Act.

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1. As per prosecution case, the applicant accompanied the victims who were three numbers to the railway station Ambikapur thereafter they were taken to Delhi by some another lady. Missing report was lodged by the father of the victim on 16.09.2021 thereafter the Police registered the aforesaid offences.

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1. The contention of learned counsel for the applicant is that the applicant has falsely been implicated in the present case. He has not committed any offence; the victim has already been

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Page 2 of 2

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recovered, charge-sheet has already been filed and for 1 incident 3 FIRs have been registered by victims separately at different police stations, hence, it is prayed that the applicant may be granted regular bail.

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1. Learned counsel for the State submits that on verification, it is found that for 1 incident 3 FIRs have been registered but he opposes the submissions made by the counsel for the applicant.

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1. As per letter dated 25.06.2022 received from Office of SHO Batouli, District- Sarguja (C.G.), father of the prosecutrix is duly served with the notice but there is no representation on behalf of the father of the prosecutrix nor anyone appeared through video-conferencing.

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1. I have heard learned counsel for the parties and perused the case diary.

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1. Taking into consideration the facts and circumstances of the case, nature and gravity of the offence, pre-trial detention of the applicant, charge-sheet has already been filed and the applicant is in jail since 13.12.2021 and trial is likely to take some more time, I am of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail.

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1. Accordingly, the bail application filed under Section 439 of CrPC is allowed. It is directed that the applicant shall be released on bail on 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 his appearance as and when directed.

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Sd/-

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(Rakesh Mohan Pandey ) Judge

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Nadim

Sonu Lakda v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Sonu Lakda v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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