Allowed

Dwarka v. State of Chhattisgarh

Chhattisgarh HC5 May 2023MCRC/1776/2023

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh disposed of a bail application filed under Section 439 CrPC. The applicant, charged with offences under IPC and POCSO, was relieved on bail after the trial court, through video conference, noted that the prosecutrix had completely disowned the incident. The court inclined to release without addressing the merits of the case.

What did the court decide?

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

Dwarka 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. 1776 of 2023

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Dwarka S/o Ganpat Ram Aged About 22 Years R/o Village Adaam, Post Aasra, Tehsil Dongargaon, District Rajnandgaon Chhattisgarh

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---- Applicant

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Versus

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• State Of Chhattisgarh Through The O.P. Tumdibod, Police Station Lalbagh, District Rajnandgaon Chhattisgarh ---- Respondent

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For Applicant	: Shri S. S. Baghel, Advocate
For Respondent/State	: Shri Praveen Shrivastava, P.L.

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Hon'ble Shri Justice Goutam Bhaduri

Order On Board

05/05 /2023

Heard

The first bail application was dismissed as withdrawn with the liberty to

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file afresh after examination of the prosecutrix before the court below on 10.12.2021 in MCRC No. 7327 of 2021.

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This is the second bail application filed under Section 439 of the Code of Criminal Procedure. The applicant has preferred this application for grant of bail as he was arrested in connection with Crime No. 354/2021 registered at Police Station O.P. Tumdibod, P.S. Lalbagh, District Rajnandgaon, C.G. for the offence punishable under Sections 363, 366, 376(3) of the IPC and Sections 4, 6 of POCSO Act, 2012.

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As per the prosecution case, the present applicant enticed away the minor girl from the lawful custody of her parents and committed sexual

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intercourse with her on pretext of marriage. Thereby, the offence has been committed.

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Learned counsel for the applicant submits that the prosecutrix has been examined and she has completely disowned the incident. He further submits that the applicant is in jail since 17.08.2021 and he has been falsely implicated, therefore, the applicant may be enlarged on bail.

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Learned State counsel opposes the prayer for grant of bail

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The prosecutrix along with her father appeared through video conferencing from DLSA, Rajnandgaon and objected for grant of bail.

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Considering the statement of the prosecutrix as she has completely disowned the incident, further without any observation on the merits, I am inclined to release the applicant on bail.

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Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing 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/(Goutam Bhaduri) Judge

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Jyoti

Dwarka v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Dwarka v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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