Allowed

Chotu Kumar Nishad v. State of Chhattisgarh

Chhattisgarh HC27 Jan 2022MCRC/9188/2021

Case brief

AI extract

What is this about?

The High Court granted regular bail to the applicant charged with abducting a minor and sexual offences under POCSO and IPC sections. The court relied on the victim's statement indicating a consensual relationship and inconclusive medical evidence to direct release on personal and surety bonds.

What did the court decide?

Application allowed; applicant to be released on bond of Rs. 25,000 with one surety to the satisfaction of the trial court.

Chotu Kumar Nishad 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. 9188 of 2021

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Chotu Kumar Nishad S/o Ramdayal Nishad Aged About 22 Years R/o Gram Tura Semariya, Thana Nawagarh, District Bemetara Chhattisgarh

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---- Applicant

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State Of Chhatt Nawagarh, District ------------------------	isgarh Bemet ----------	Versus Through Station In Charge, Police Station ara Chhattisgarh. ---- Respondent -----------------------------------------------------------------
For Applicant	:	Mr. Pawan Kesharwani with Mr. Anmol Sharma, Advocates
For Respondent	:	Mr. Ajay Kumrani, Panel Lawyer
For Objector ------------------------	: ----------	Mr. C.K.Sahu, Advocate -----------------------------------------------------------------

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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.361/2021 registered at Police Station- Nawagarh, District Bemetara (C.G.) for the offence punishable under Sections 363, 366, 376(2)(N), 506 of Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

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

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Learned counsel for the applicant would submit that the statement of the victim would show that she herself joined the company of the applicant and she was more than 17 years. He further submits that

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the applicant is also ready to marry the victim but because of the family objection it could not be performed. He further submits that the medical report also do not conclusively support the fact that she was subjected to forceful sexual intercourse, the charge sheet has been filed and the applicant is in jail since 30.09.2021; therefore, he 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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Learned counsel for the objector submits that the Keshav Ram Sahu, Grand-father of the victim objected to grant bail to the applicant and he read out the FIR.

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Considering the statement of the victim under Section 164 prima facie it shows that the applicant and victim were in love affair and she herself joined the company of the applicant and the medical report is also not conclusive and the applicant is in jail since 30.09.2021, 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

Chotu Kumar Nishad v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Chotu Kumar Nishad v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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