Allowed

Shani Baiga v. State of Chhattisgarh

Chhattisgarh HC27 Jan 2022MCRC/8790/2021

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh granted regular bail to the applicant who was arrested for offences including those under POCSO and IPC Sections 363, 366, and 376(2)(n). The court relied on the victim's age being over 17 and the prima facie nature of the Section 164 statement.

What did the court decide?

Release on bail by furnishing a personal bond of Rs.25,000 with one surety in like sum to the satisfaction of the trial Court.

Shani Baiga 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. 8790 of 2021

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Shani Baiga S/o Shri Ramdas Aged About 18 Years Caste Baiga R/o Did Biriya Police Station & Tahsil Pali District Umariya (M.P.)

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---- Applicant

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Versus

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State Of Chhattisgarh Through Police Station Janakpur District Koriya Chhattisgarh

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---- Respondent

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For Applicant : Mr. Hemant Kumar Agrawal, Advocate For Respondent : Mrs. M. Asha, Panel Lawyer

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(Proceedings through Video Conferencing.)

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Hon'ble Shri Justice Goutam Bhaduri

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Order On Board

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27.01.2022

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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.132/2021 registered at Police Station- Janakpur District Koriya (C.G.) for the offence punishable under Sections 363, 366, 376(2)(n) of Indian Penal Code and Section 4, 6 of the Protection of Children from Sexual Offences Act, 2012.

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As per the prosecution case, on 01.09.2021 the applicant knowing the victim as a minor girl enticed away from the lawful custody of her parents and thereafter committed forceful sexual intercourse. Thereby the offence has been committed.

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Learned counsel for the applicant would submit that the applicant and victim were in love relation, the victim is more than 17 years and she herself went to the company of the applicant and the

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medical report do not support the fact about forceful sexual intercourse. 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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Despite service of notice, the victim is not represented.

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Perused the statement under Section 164 which prima facie shows that the victim went to the company of the applicant of her own. The medical report is also not conclusive which is carried out on the later date. Considering the statement and taking into the age of the victim, she is more than 17 years, without any observation on merit, 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

Shani Baiga v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Shani Baiga v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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