The High Court of Chhattisgarh, Bilaspur heard an application for bail filed by an accused charged under IPC and POCSO Act. The court inclined to grant bail without commenting on merits due to lengthy trial prospects and pre-trial detention.
Release on bail on furnishing personal bond of Rs. 25,000 and one surety for like sum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 1606 of 2023
Sadhram S/o Ramnarayan Bharti, Aged About 35 Years R/o Daubandhan, P.S. Bilaigarh, District : Sarangarh-Bilaigarh, Chhattisgarh
--- Applicant
Versus
State Of Chhattisgarh Through Police Station Bilaigarh, District : Sarangarh-Bilaigarh, Chhattisgarh
--- Respondent.
CAUSE TITLE TAKEN FROM CIS PERIPHERY
For Applicant : Ms. Supriya Upasane, Adv. For Respondent/State : Ms. Smriti Shrivastava, PL.
Hon'ble Shri Justice Deepak Kumar Tiwari
Order On Board
16.06.2023
The accused/applicant is in custody since 28.11.2022 in connection with Crime No.317/2022 registered at Police Station Bialigarh, District – Sarangarh, Bilaigarh for the offence punishable under Sections 354, 354(c), 506, 323 of IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012 (for short “the POCSO Act”), has filed this application for grant of bail.
2. Case of the prosecution, in nutshell is that, the prosecutrix is a daughter of the present applicant, she has lodged FIR at Police Station – Bilaigarh, alleging in it that since last three months her father/present applicant came at night inebriated condition and has done lewd behavior with intention to outrage her modesty. Thereafter, the prosecutrix inform this incident to her mother and other members of the locality. Based on such allegations, the aforesaid offences have been registered against the present applicant.
3. Learned counsel for the applicant submits that the accused/applicant is innocent and has been falsely implicated in the case. He further submits that as the mother of the prosecutrix is living separately and there is some differences between the applicant and mother of the prosecutrix. It is next submitted that prosecutrix was having some affair and the present applicant being a father objected for the same, therefore, on behest of the mother, the prosecutrix has lodged false FIR against the present applicant. It is next submitted that the applicant is in jail since 28.11.2022, the trial will likely to take considerable period, therefore, if he may be set at liberty by granting bail, he would abide by all terms and conditions imposed on him while granting bail.
4. Learned State counsel opposes the prayer for bail. However, the mother of the prosecutrix and prosecutrix herself has raised serious objection in granting bail to the applicant.
5. Heard submission of learned counsel for the parties and also considering the back drop of the case, nature of accusation, quality of evidence, pre-trial detention period of the applicant, without further commenting on merit, I am inclined to grant bail to the applicant.
Accordingly, the application is allowed and it is directed that on
their furnishing a personal bond in the sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail on the following conditions:-
(a) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court,
(b) he shall not act in any manner which will be prejudicial to fair and expeditious trial,
(c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of case,
(d) he shall not involve himself in any offence of similar nature in future.
Sd/- (Deepak Kumar Tiwari)
yasmin
Judge
1 issue framed by the court
Whether bail should be granted to the applicant accused in cases of offences under IPC and POCSO Act.
2 provisions across 2 enactments
Sadhram S/o Ramnarayan Bharti
State Of Chhattisgarh
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
