Allowed

Dilip Kumar Sharma v. State of Chhattisgarh

Chhattisgarh HC6 Jan 2022MCRC/9024/2021

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed an application for regular bail filed under Section 439 CrPC by an applicant accused of abduction and sexual offences. The court was inclined to grant bail based on prima facie findings of marriage and lack of objection from the prosecutrix.

What did the court decide?

Applicant to be released on bail upon executing a personal bond of Rs.25,000 with one surety.

Dilip Kumar Sharma 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. 9024 of 2021

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Dilip Kumar Sharma S/o Raghuwar Dayal Sharma Aged About 33 Years R/o Khatu Shayam Ji District Sikar Rajasthan

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---- Applicant

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Versus

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State Of Chhattisgarh Through Chowki Manikpur Police Station Kotwali Korba, District Korba Chhattisgarh

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---- Respondent

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For Applicant	:	Shri Manoj Paranjpe, Advocate
For Respondent/State	:	Shri Ajay Kumrani, P.L.
For Objector	:	Shri Pranjal Agrawal, Advocate

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Hon'ble Shri Justice Goutam Bhaduri

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Order On Board

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06/01/2022

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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 on 21.09.2021 in connection with Crime No. 720/2017 registered at Police Station Chowki Manikpur, Police Station Kotwali, Korba, District Korba C.G. for the offence punishable under Section 363, 366, 376 of IPC and Section 5 & 6 of Protection of Children from Sexual Offences Act, 2012.

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As per the prosecution case, a missing report was lodged by the father of the prosecutrix in the year 2017 that minor girl is missing. Subsequently, the girl was found at Rajasthan in the custody of the present applicant. According to the prosecution story the present applicant enticed away the minor girl from the lawful custody of her parents and committed sexual intercourse.

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Learned counsel for the applicant submits that the girl and the applicant got married and out of the wedlock a child was also born and the girl is again carrying pregnancy and they were living happy married life. He further submits that only because a missing complaint was lodged in the year 2017 the applicant has been arrested. He also submits that the prosecutrix and the father have submitted no objection for grant of bail of the applicant, therefore the present applicant may be released on bail.

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

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Learned counsel for the objector who appears for the prosecutrix and father also submits that the applicant may be released on bail and the applicant the girl were married and were living happily.

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Heard learned counsel for the parties and perused the records.

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Considering the submission made and the affidavit which are enclosed, prima facie it appears that the girl and the applicant were married. Taking into the facts and the background of this case, I am inclined to release the applicant on bail.

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Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

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Sd/(Goutam Bhaduri) Judge

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Jyoti

Dilip Kumar Sharma v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Dilip Kumar Sharma v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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