Allowed

Aatma @ Aatmadas Kothale v. State of Chhattisgarh

Chhattisgarh HC4 Jan 2022MCRC/8673/2021

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a bail application filed under Section 439 Cr.P.C. for an applicant arrested for attempting to outrage modesty and offences under the POCSO Act. Despite the victim father's objection, bail was granted subject to a personal bond and surety.

What did the court decide?

Released on bail on a personal bond of Rs. 25,000 with one surety of the like sum to be furnished to the concerned trial Court.

Aatma @ Aatmadas Kothale Vs State of… — Child Sexual Offences (POCSO) | Chhattisgarh HC (2022)

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 8673 of 2021

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Aatma @ Aatmadas Kothale, S/o. Jugaru Kothale, Aged About 32 Years, R/o. Pepariya, Ward No.1, Khairagarh, District Rajnandgaon Chhattisgarh.

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---- Applicant

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Versus

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State Of Chhattisgarh, Through Station House Officer, Police Station Khairagarh, District Rajnandgaon Chhattisgarh.

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---- Respondent

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For Applicant : Mr. Aditya Bhardwaj, Advocate For Respondent : Ms. Akshara Amit, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri

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Order On Board

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04.01.2022

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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.326/2021 registered at Police Station- Khairagarh, District Rajnandgaon (C.G.) for the offence punishable under Section 354, 452 of Indian Penal Code and Section 8 of Protection of Children from Sexual Offences Act, 2012.

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As per the prosecution case, a report was made on 04.09.2021 that a minor girl, aged about 10 years and 10 months was at her home at that time the applicant came in a drunken stage and tried to outrage her modesty by pressing her breast and holding her hands. Thereby the offence has been committed.

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Learned counsel for the applicant would submit that the charge sheet has been filed, the applicant is in jail since 21.09.2021 and no further investigation is necessary; 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 03.12.2021, before this Court, the father of the victim appeared through virtual mode from DLSA Rajnandgaon and he objected to grant bail to the applicant.

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Having considered the statement, the nature of allegation and the degree of offence committed and further taking into fact that the charge sheet has been filed and the applicant is in jail since 21.09.2021, 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

Aatma @ Aatmadas Kothale v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Aatma @ Aatmadas Kothale v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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