Allowed

Anil Chauhan v. State of Chhattisgarh

Chhattisgarh HC6 Jan 2022MCRC/9592/2021

Case brief

AI extract

What is this about?

Justice Goutam Bhaduri disposed of a bail application filed under Section 439 CrPC in a case involving offences under IPC and POCSO. The court relied on the prosecutrix's statement disowning the incident and her appearance before the court without objection to grant regular bail.

What did the court decide?

Applicant to be released on bail upon executing a personal bond of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court.

Anil Chauhan 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. 9592 of 2021

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Anil Chauhan S/o Manhar Chauhan Aged About 25 Years R/o Verendra Nagar Saraipali , District Mahasamund Chhattisgarh

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---- Applicant Versus

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State Of Chhattisgarh Through Police Station Saraipali Chhattisgarh.

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		---- Respondent
For Applicant	:	Shri Anurag Gupta, Advocate
For Respondents/State	:	Shri Raghvendra Verma, GA

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Hon'ble Shri Justice Goutam Bhaduri

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Order

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06/01/2022

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Heard.

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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 22.07.2021 in connection with Crime No.292/2021 registered at Police Station Saraipali, District Mahasamund (CG) for the offence punishable under Sections 363, 366, 376 (2) (n), 506 of IPC and Section 6 of the POCSO Act.

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As per the prosecution case, on 08.05.2021 the applicant asked victim and her friend for a ride on motorcycle and thereafter took them to Hira Petrol Pump and took the prosecutrix inside the room and knowing fully well that she is minor committed forceful sexual intercourse thereby enticed away the minor girl from

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the lawful custody of her parents.

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Learned counsel for the applicant submits that the victim has been examined before the Court and she has completely disowned the incident and the mother of the victim has also not supported the case of the prosecution, therefore, the applicant may be released on bail.

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Before this Court on 05.01.2022 the girl/victim appeared along with the father and stated that she has no objection to grant of bail to the applicant.

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

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Perused the statement of the prosecutrix, prima facie it appears that she has not supported the case of the prosecution and the victim also appeared before this Court and also did not object to grant of bail to the applicant. Considering the statement of the prosecutrix without any further observation on merits, 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/-Sd/-

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Goutam Bhaduri Judge

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Ashu

Anil Chauhan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Anil Chauhan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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