Allowed

Rajkumar Vaidya v. State of Chhattisgarh

Chhattisgarh HC5 Jan 2022MCRC/9206/2021

Case brief

AI extract

What is this about?

Hon'ble High Court of Chhattisgarh allowed a bail application filed under Section 439 Cr.P.C. by an arrested accused in a POCSO case. The court found it a fit case for release considering the prosecutrix's statement, age, and duration of detention.

What did the court decide?

Applicant directed to be released on bail by executing personal bond for Rs.25,000/- with one surety in the like amount.

Rajkumar Vaidya Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2022)

MCRC No.9206 of 2021

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 9206 of 2021

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Rajkumar Vaidya S/o Late Jeewan Lal Vaidya Aged About 34 Years R/o Prabhat Nagar Ward No. 38, Lalbagh, Police Station Basantpur, District Rajnandgaon, Chhattisgarh.

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---- Applicant

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Versus

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State Of Chhattisgarh Through The Police Station Basantpur, District Rajnandgaon, Chhattisgarh.

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---- Respondent

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For Applicant Mr. S.S. Baghel, Advocate For Respondent /State Ms Hamida Siddiqui, Dy. Adv. General

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Order on Board

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Hon'ble Shri Justice Goutam Bhaduri

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5/1/2022

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Heard.

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The applicant has preferred this bail application under Section 439 of the Cr.P.C. for grant of bail as he has been arrested in connection with Crime No.449/2021, registered at Police Station Basantpur, District Rajnandgaon (CG), for the offence under Section 376(2)(ढ), 506 of the Indian Penal Code and Sections 4 & 6 of the POCSO Act, 2012.

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Case of the prosecution, in brief, is that the applicant has enticed away the minor girl from the lawful custody of her parents and committed sexual intercourse on the pretext of marriage.

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MCRC No.9206 of 2021

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Learned counsel for the applicant would submit that the applicant has been falsely implicated. He would further submit that on 1512-2021 the prosecutrix and her brother Shyam Rao Chadrikapure appeared before this Court through video conferencing from DLSA, Rajnandgaon and stated that they have no objection to grant bail to the applicant. Even affidavit has also been filed in this regard. Thus, the applicant may be enlarged on bail.

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Learned counsel for the State, per contra, would oppose the bail application.

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Considering the entire facts situation of the case, particularly considering the Court statement of the prosecutrix and her brother; further considering the age of the prosecutrix i.e. 17 years 10 months, as also the fact that the applicant is in detention since 16-10-2021 and the charge sheet has already been filed, I am of the opinion that present is a fit case to release the applicant on regular bail.

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Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety in the like amount 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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Certified copy as per rules.

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Sd/-

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(Goutam Bhaduri) Judge

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Gowri

Rajkumar Vaidya v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Rajkumar Vaidya v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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