Allowed

Vijay Kumar Hathile v. State of Chhattisgarh

Chhattisgarh HC18 Apr 2023MCRC/1080/2023

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a bail application under Section 439 CrPC for an accused charged with kidnapping and sexual offences under IPC and POCSO. The Court, noting that the victim had turned hostile and the charge-sheet was filed, ordered the accused's release on personal bond.

What did the court decide?

Accused/applicant directed to be released on bail on executing a personal bond of Rs. 25,000 with one surety.

Vijay Kumar Hathile Vs State of… — Child Sexual Offences (POCSO) | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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M.Cr.C. No. 1080 of 2023

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Vijay Kumar Hathile, S/o Sukhnandan Hathile, aged about 25 years, R/o Parras, Budhapara Thana Balod, District Balod, Chhattisgarh, District Balod, Chhattisgarh

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---- Applicant

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Versus

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State of Chhattisgarh, Through : Station House Officer, Supela Bhilai, District – Durg (C.G.)

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----Non-applicant

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For Applicant : Mr. Sumit Singh, Advocate For Non-applicant : Mr. Shresth Gupta, Panel Lawyer.

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Hon'ble Mr. Justice N.K. Chandravanshi

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Order On Board

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18-04-2023

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The accused/applicant has preferred this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail in connection with Crime No. 1154 of 2022 registered at Police Station Supela Bhilai, District Durg (C.G.) for commission of offence punishable under Sections 363, 366, 376, 376 (2)(<) of the IPC and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012.

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Allegation against the present applicant in the instant case is that he kidnapped the minor victim/prosecutrix, who is aged about 16 years at the time of incident, and sexually exploited her many times on the

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pretext of marriage and thereby committed the aforesaid offences.

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Learned counsel appearing for the applicant would submit that applicant is innocent and has been falsely implicated in the crime in question. It is further submitted that the victim has been examined before the trial Court, certified copy of the same has been filed by the applicant, in which, she has specifically stated that she herself had gone to her uncle's house because of beating to her by her father. She has completely not supported the case of the prosecution and has been declared hostile. It is also submitted the applicant is in detention since 18.11.2022; charge-sheet has already been filed and conclusion of the trial is likely to take considerable time, hence, the applicant may be enlarged on bail.

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On the other hand, learned counsel for the State opposes the bail application.

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On 24.02.2023, victim along with her mother appeared before this Court and they submitted no objection with regard to grant of bail to the applicant.

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I have heard learned counsel for the parties and perused the case diary as well as material available on record.

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Having heard learned counsel for the parties, having regard to the facts of the case, particularly, considering the deposition of victim/prosecutrix examined before the trial Court, in which, she has not not supported the case of the prosecution at all and has been declared

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hostile; further considering the pri trial detention of the applicant and charge-sheet has already been filed. Hence, considering the totality of the facts, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the bail application is allowed.

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Accused/applicant is directed to be released on bail on his executing a personal bond in the 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 till disposal of the trial.

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Sd/(N.K. Chandravanshi) Judge

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Amit/-

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Vijay Kumar Hathile v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Vijay Kumar Hathile v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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