Allowed

Avinash Markam v. State of Chhattisgarh

Chhattisgarh HC7 Dec 2022MCRC/7864/2022

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed the second bail application filed by three accused persons charged with offences under IPC and POCSO. The court released them on bail subject to furnishing a personal bond and a surety, directing appearance before the trial court and restraint from meeting witnesses.

What did the court decide?

Release of applicants on bail on furnishing personal bond of Rs. 25,000/- each with one solvent surety for the like amount.

Avinash Markam 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. 7864 of 2022

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1. Avinash Markam S/o Shri Rajkumar Singh Aged About 19 Years R/o Village Kotal Dhavaiepara, Police Station Premnagar, District - Surajpur (C.G.)

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1. Aashvast @ Yashwant Dohare S/o Shivram Dohare Aged About 19 Years R/ o Village Narmadapur Ambedkarnagar, Police Station Kamleshwarur, District - Sarguja (C.G.)

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1. Rahul Singh S/o Kalu Singh Thapa Aged About 21 Years R/o Village Near Budhimata Temple, Darripara, Police Station Ambikapur, District - Sarguja (C.G.)

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---- Applicants

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Versus

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State Of Chhattisgarh Through Station House Officer, Police Station - Mahila Thana, Ambikapur, District - Sarguja (C.G.)

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---- Non-Applicant

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For the Applicants : Mr. Arun Kumar Shukla, Advocate For Non-Applicant : Mr. Amit Verma, P.L.

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Hon'ble Shri Justice Sachin Singh Rajput Order On Board

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07.12.2022

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The applicants have preferred the second bail application under Section 439 of CrPC for grant of regular bail as they are in jail since 12.03.2022 in connection with Crime No.15/2022 registered at Police Station- Mahila Thana, Ambikapur, (C.G.) for the offence punishable under Sections 376 (DA), 376(2)(N) of IPC & Section 5(G), 5(L)/6 of POCSO Act. Earlier the first bail application of applicants was dismissed on merits passed in MCRC No.5095 of 2022 vide order dated 11.07.2022.

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The case of prosecution in short, is that accused Archana alias Aanchal Prajapati alias Pandey is involved in woman trafficking, and the prosecutrix herein was subjected to open trafficking. Further case of the prosecution is that at the place used by her, the applicants used to go and commit forcible sexual intercourse with the prosecutrix.

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Learned counsel for the applicants submits that the applicants have not committed any offence and have been falsely implicated in the case. He further submits that the witnesses have been examined including prosecutrix and she has not stated anything against the present

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applicant, therefore there is change in circumstances. He refers Para-1 of the statement of prosecutrix recorded before trial Court and contended that she did not state anything against applicants and looking to the detention period, trial is not concluded as yet, charge-sheet has been filed, applicants may be released on bail.

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On the other hand, learned counsel for the State opposes the bail application and submits that other witnesses are yet to be examined and looking to the seriousness of the allegations, their applications may be rejected.

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I have heard learned counsel for the parties and considered their rival submission.

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Considering the totality of the facts and circumstances of the case, looking to the nature of allegations, statement of prosecutrix, detention period, trial may take some time and charge-sheet has been filed, I am inclined to allow this bail application.

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Accordingly, the bail application filed by applicants is allowed and it is directed that applicants shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- each with one solvent surety for the like amount to the satisfaction of the concerned trial Court. They shall appear before the trial Court on each and every date given by the said trial Court, till disposal of the trial.

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It is made clear that the observations made hereinabove is only for the purpose of deciding the bail application and the trial Court will decide the case on its own merit without being influenced by any observation made hereinabove. It is also made clear that the trial Court is at liberty to cancel the bail application of the applicants in the event of applicants involving themselves in similar offence in future and violate any of the conditions. It is made clear that applicants shall be restrained from meeting to any of the witnesses till trial is concluded.

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Certified copy as per rules.

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Sd/-

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Sd/-

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(Sachin Singh Rajput)

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Judge

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parul

Avinash Markam v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Avinash Markam v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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