Allowed

Chetan Chandrakar v. State of Chhattisgarh

Chhattisgarh HC18 Jan 2022MCRC/7679/2021

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a first bail application filed by the applicant. The court noted the victim's retraction from the prosecution statement under Section 164 Cr.P.C. and deemed further investigation unnecessary, ordering release on personal bond.

What did the court decide?

Release of the applicant on personal bond of Rs. 25,000 with one surety before the trial court.

Chetan Chandrakar 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. 7679 of 2021

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Chetan Chandrakar S/o Late Goverdhan Chandrakar Aged About 19 Years R/o Village Sindhora , Police Station Palari, District Baloda Bazar Chhattisgarh.,

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---- Applicant

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Versus

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State Of Chhattisgarh Through The Station House Officer , Police Station Purani Basti Raipur , District Raipur Chhattisgarh.,

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---- Respondent

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For Applicant – Mr. K.P.S. Gandhi, Advocate For State - Mrs. Hameeda Siddiqui, Dy. A.G.

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Proceedings of this matter have been taken-up through video conferencing

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Hon'ble Shri Justice Goutam Bhaduri Order on Board

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18.01.2022

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This is the first bail application filed under Section 439 of Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 158/2021 registered in Police Station Purani Basti, Raipur, Distt. Raipur (C.G.) for offence punishable under Sections 363, 366, 376, 376(3) of Indian Penal Code and Section 6 of POCSO Act.

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As per the prosecution case, the applicant aged about 19 years enticed away the minor girl from the lawful custody for which a report was made on 02.07.2021. Thereafter she was recovered from the possession of the present applicant and it was revealed that she was subjected to sexual intercourse.

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Learned counsel for the applicant would submit that the prosecutrix has not supported the case of prosecution under Section 164 of the Cr.P.C., the statement which is recorded before the Magistrate and has stated that the applicant has not enticed away the girl and the incident is completely disowned, therefore the

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applicant may be enlarged on bail.

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Learned State counsel opposes the bail application and read out the statement under Section 164 of Cr.P.C.

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Despite the service of notice the victim has not turned up. Considering the the fact of this case and also considering the statement under Section 164 of Cr.P.C., the age of the applicant and the fact that the chargesheet has been filed, no further investigation would be necessary, I am inclined to release the applicant on bail. Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/-

(Goutam Bhaduri)

Judge

Vishakha

Chetan Chandrakar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Chetan Chandrakar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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