Allowed

Jaleshwar Dahire v. State of Chhattisgarh

Chhattisgarh HC20 Apr 2023MCRC/1443/2023

Case brief

AI extract

What is this about?

In this first bail application under Section 439 Cr.P.C., the High Court of Chhattisgarh granted bail to the applicants, who faced charges of sexually assaulting a 6-year-old minor. The court directed execution of a personal bond with sureties for release.

What did the court decide?

Application under Section 439 Cr.P.C. allowed; applicants directed to execute personal bond of Rs. 25,000/- each with one surety for release on bail.

Jaleshwar Dahire Vs State of Chhattisgarh — 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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MCRC No. 1443 of 2023

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Jaleshwar Dahire S/o Shri Aajuram Aged About 47 Years R/o Block D, House No. 06, Bombay Aavas, Koni, P.S. Koni, District Bilaspur, Chhattisgarh.

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Jai Dahire S/o Shri Jaleshwar Dahire Aged About 23 Years R/o Block D, House No. 06, Bombay Aavas, Koni, P.S. Koni, District Bilaspur, Chhattisgarh.

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---- Applicants Versus

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State Of Chhattisgarh Through P.S. Koni, District Bilaspur, Chhattisgarh.

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---- Respondent

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---------------------------------------------------------------------------------------------- For Applicant : Mr. Ashutosh Trivedi, Advocate For Respondent/State : Mr. Roshan Dubey, Panel Lawyer ----------------------------------------------------------------------------------------------

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Hon'ble Shri Justice N.K. Chandravanshi

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Order On Board

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20.4.2023

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1 . This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested on 14.12.2022 in connection with Crime No.557/2022 registered at Police Station Koni, Distt. Bilaspur (C.G.), for the offence punishable under Sections 354, 34 of the Indian Penal Code and Section 08 of the Protection of Children from Sexual Offences Act (as per charge sheet).

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2. Allegation against the applicants is that on 07.12.2022, when the minor victim/prosecutrix, aged about 06 years, went to the shop of the applicants, applicant No.2 called her inside the shop, touched her private parts and also asked her to put his private part in her mouth. Applicant No.1 also touched the private parts of the minor victim/prosecutrix when she was in the shop.

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3. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in this case due to previous enmity between the complainant side and present applicants. He would further submit that this is the first

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crime registered against the applicants, they are in jail since 24.12.2022 and charge sheet has been filed. Hence, the applicants may be enlarged on bail.

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4. Per contra, learned counsel for the State opposes the submission made by learned counsel for the applicant.

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

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6. Having regard to facts and circumstances of the case, nature of allegation and the evidence collected by the prosecution against the applicants and further the detention period of the applicants, without commenting anything on the merits of the case, I feel inclined to grant bail to the applicants. Therefore, the application under Section 439 of the CrPC is allowed. It is directed that in the event of each of the applicant executing a personal bond for a sum of Rs.25,000/- with one surety each of the like sum to the satisfaction of the concerned trial Court for their appearance before the concerned Court as and when directed by the said court, they be released on bail.

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Certified copy as per rules.

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Sd/(N.K. Chandravanshi) JUDGE

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Bini

Jaleshwar Dahire v. State of Chhattisgarh

Case brief

What is this about?

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Jaleshwar Dahire v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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