Allowed

Sanjay Verma v. State of Chhattsigarh

Chhattisgarh HC3 Jan 2022MCRC/8478/2021

Case brief

AI extract

What is this about?

High Court allowed a bail application under CrPC Section 439 for an accused charged with crimes under IPC and PoCSO involving minor victim. The applicant was scheduled for release on personal bond after considering prosecution objection and delay in FIR.

What did the court decide?

Application allowed; applicant released on bail on furnishing personal bond of Rs. 25,000/- with one surety.

Sanjay Verma Vs State of Chhattsigarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2022)

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 8478 of 2021

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Sanjay Verma, S/o. Chandrika Prasad Verma, Aged About 22 Years, R/o. Village Putpura, Police Station Maro, Tahsil Nawagarh, District Bemetara, Chhattisgarh.

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---- Applicant

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Versus

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State Of Chhattsigarh, Through Station House Officer, Police Station Bhatapara (Gramin) District Baloda Bazar Bhatapara, Chhattisgarh.

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---- Respondent

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For Applicant : Mr. Satya Prakash Verma, Advocate For Respondent : Mr. Arjit Tiwari, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri

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Order On Board

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03.01.2022

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This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.437/2021 registered at Police Station- Bhatapara (Gramin), District Baloda BazarBhatapara, for the offence punishable under Section 354, 506 of Indian Penal Code and Section 8, 12 of the Protection of Children from Sexual Offences Act, 2012.

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As per the prosecution case, on 23.08.2021 the applicant knowing the victim as minor girl enticed away from the lawful custody of her parents and thereafter tried to outrage her modesty by caught hold of her arm and pressed her breast and thereafter also extended threat. Thereby the offence has been committed.

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Learned counsel for the applicant would submit that the incident is of 23.08.2021 and FIR was made on 13.09.2021, therefore, there is a delay of 21 days and there are different versions of statement made by the prosecutrix. He further submits that the charge sheet

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has been filed and no further investigation is required, therefore, the applicant may be enlarged on bail.

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Per contra, learned State counsel opposes the prayer for grant of bail.

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On 29.11.2021 the prosecutrix along with her father appeared before this Court and objected to grant bail to the applicant.

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Perused the documents. Considering the statement, the nature of allegation and the taking into fact that the applicant is in jail since 21.09.2021 and the charge sheet has been filed, I am inclined to release the applicant on bail. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

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It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

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Sd/- (Goutam Bhaduri) Judge

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Ashok

Sanjay Verma v. State of Chhattsigarh

Case brief

What is this about?

What did the court decide?

Sanjay Verma v. State of Chhattsigarh

Case brief

What is this about?

What did the court decide?

What the court decided

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