Allowed

Jeevan @ Chhotu Sahu @ Jeevan Lal Sahu v. State of Chhattisgarh

Chhattisgarh HC7 Mar 2022MCRC/669/2022

Case brief

AI extract

What is this about?

High Court of Chhattisgarh allowed a regular bail application under Section 439 CrPC for an applicant in custody for offences including abduction and sexual assault. The prosecutor's witnesses had no objection to bail. Bail granted on personal bond.

What did the court decide?

Enlarged on regular bail on furnishing personal bond of Rs.25,000/- with one surety in like sum.

Jeevan @ Chhotu Sahu @ Jeevan Lal Sahu Vs… — 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.669 of 2022

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Jeevan @ Chhotu Sahu @ Jeevan Lal Sahu, son of Tilakram Sahu, aged about 23 years, R/o Parsada Chakwe, Police Station Kharora, District Raipur (CG)

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---- Applicant (In Jail)

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Versus

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State of Chhattisgarh, through the Station House Officer, Police Station Kharora, District Raipur (CG)

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---- Non-applicant

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For Applicant : Mr. Dashrath Kushwaha, Advocate For Non-applicant : Mr. Afroj Khan, Panel Lawyer.

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Hon'ble Mr. Justice Parth Prateem Sahu Order On Board

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07/3/2022

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This is second application on behalf of applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to applicant as he is in custody since 22.7.2021 in connection with Crime No.304/2021 registered at Police Station Kharora, District Raipur (CG) for commission of offence punishable under Sections 363, 366, 376, 376 (2) (n) of IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

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Previous bail application of applicant bearing M.Cr.C. No.8236/2021 was rejected on merits vide order dated 02.12.2021.

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Case of prosecution, in brief, is that on 15.7.2021 applicant took prosecutrix with him, they visited several places till 21.7.2021 and during their stay at several places, applicant committed sexual intercourse with her. When prosecutrix

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reached her house, on 21.7.2021 she went to police station along with her father and lodged report alleging her abduction and forcible sexual intercourse by applicant. Based upon written report, aforementioned crime is registered against applicant and he was arrested on 22.7.2021.

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Mr. Dashrath Kushwaha, learned counsel for applicant would submit that after rejection of first bail application, prosecutrix and her father were examined before trial Court on 12.1.2022 and they have not supported case of prosecution. Applicant is in jail since 22.7.2021, there are as many as 18 enlisted prosecution witnesses, out of which only two witnesses have been examined till 12.1.2022. Conclusion of trial may take some time, hence applicant may be enlarged on regular bail.

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On the other hand, Mr. Afroj Khan, learned State Counsel opposes submissions of learned counsel for applicant and submits that previous bail application of applicant was rejected on merits considering statements of prosecutrix recorded under Sections 161 & 164 of CrPC wherein specific allegations have been levelled by her against applicant. However, with respect to Annexure A-3, which are deposition sheets of prosecutrix and her father, he submits that it is for trial Court to appreciate evidence of witnesses.

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Prosecutrix and her father are present before this Court. They submit that they are having no objection in grant of bail to applicant.

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I have heard learned counsel for the parties.

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Taking into consideration facts and circumstances of case, nature of allegations; submission of learned counsel for applicant based on deposition sheet of prosecutrix and her father (Annexure A-3), statement of prosecutrix and her father made before this Court; pre-trial detention period of applicant; without commenting anything on merits of case, I find present to be a fit case where applicant can be enlarged on regular bail.

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Accordingly, bail application is allowed and it is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in like sum to satisfaction of trial Court concerned on conditions that;

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he shall appear before trial Court concerned regularly on each and every date unless exempted from appearance.

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he shall not, in any manner, tamper with prosecution witnesses.

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if he is found involved in similar offence in future, it will be open for the State to apply for cancellation of bail.

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Certified copy as per rules.

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Sd/(Parth Prateem Sahu) Judge

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roshan/-

Jeevan @ Chhotu Sahu @ Jeevan Lal Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Jeevan @ Chhotu Sahu @ Jeevan Lal Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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