Allowed

Vishwanath Nishad v. State of Chhattisgarh

Chhattisgarh HC18 Apr 2023MCRC/1091/2023

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh considered an application for regular bail in a serious child sexual abuse and kidnapping case. The Court, noting the coordinate bench granted bail to the main accused and the applicant's relative relationship, allowed the bail application subject to a personal bond.

What did the court decide?

Applicant to be released on bail by executing a personal bond for Rs. 25,000 with one surety and appearing before the trial Court on each date given.

Vishwanath Nishad Vs State of Chhattisgarh — Child Custody and Guardianship | 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. 1091 of 2023

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Vishwanath Nishad, S/o Bhaiyaram Nishad, aged about 32 Years, R/o Village – Kodwabani, Thana – Lalpur, Distt – Mungeli (C.G.)

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---- Applicant

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Versus

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State of Chhattisgarh, through, Station House Officer, Police Station – Pithoura, Distt- Mahasamund (C.G.)

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----Non-applicant

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For Applicant : Mr. Sunil Sahu, Advocate. For Non-applicant : Mr. G.P. Kurre, PL

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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 moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail in connection with Crime No. 152/2022 registered at Police Station Pithoura, Distt- Mahasamund (C.G.) for commission of offence punishable under Sections 363, 366, 376 (2)(n) read with Section 34 of the IPC and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012.

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Case of the prosecution, in nutshell, is that applicant along with main accused- Yashwant Jandge abducted the minor victim/ prosecutrix, who was aged about 17 years at the time of incident, and took her to Mungeli where main accused -Yashwant Jandge made

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physical relation with her on the pretext of marriage.

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Learned counsel for the applicant would submit that applicant is innocent and has been falsely implicated in the crime in question. It is submitted that the applicant is not involved in any manner in the alleged crime and he has been implicated only because he is uncle of main accused Yashwant Jandge. It is further submitted that at the most as per the statement of the victim/prosecutrix recorded under Section 164 of the Cr.P.C. before the trial Court, only charge under Section 363 / 366 of the IPC is made out against the present applicant. It is also submitted that main-accused Yashwant Jangde has been granted bail by the Coordinate Bench of this Court vide order dated 07.02.2023 passed in M.Cr.C. No. 219 of 2023, hence, the present applicant may also be enlarged on bail.

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Per contra, learned counsel for the State while vehemently opposing the submissions made by counsel for the applicant would submit that the present applicant has actively involved in alleged crime, hence, he is not entitled to be released on bail.

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Learned counsel for the State submits that notice issued to victim/prosecutrix has been served upon her and her uncle (ekek). Despite service of notice, neither victim/prosecutrix appeared before the Court nor represented by any counsel.

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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 and having regard to the facts of the case, particularly, considering the role of the applicant in the commission of alleged crime; his pri-trial detention and further considering the fact that main accused – Yashwant Jandge has been granted bail by the Coordinate Bench of this Court vide order dated 07.02.2023 in M.Cr.C. No. 219 of 2023, I am inclined 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 for a 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 to him by the said Court.

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Certified copy, as per rules.

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Sd/-

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Amit/

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Vishwanath Nishad v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Vishwanath Nishad v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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