Hon'ble Justice P. Sam Koshy allowed a bail application filed under Section 439 Cr.P.C. by Ramadhin Kosle, accused of offences including Section 376(2)(n) IPC. The Court found a prima facie strong case for bail considering the prosecutrix was over 17 years old.
Bail granted on a personal bond of Rs. 25,000/- with two sureties in the like sum.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 1884 of 2023
---- Respondent
For Applicant : Ms. Nirupama Bajpai, Advocate For Respondent/State : Mr. Aditya Bhardwaj, P.L.
Hon'ble Shri Justice P. Sam Koshy
Order On Board
04/05/2023
1. This is the first bail application filed u/s 439 of Cr.P.C. for grant of bail to the applicant who has been arrested on 16.10.2022 in connection with Crime No.710/2022 registered at Police Station Kharora, District Raipur (CG) for the offence punishable under Sections 363, 366, 376(2)(n) of IPC and 4 & 6 of the Protection of Children from Sexual Offences Act.
2. The victim, on 17.04.2023, had appeared before the Court through video conferencing from the office of DLSA, Raipur along with her parents and had opposed the bail application.
3. The case of prosecution against the applicant is that knowing fully well that the prosecutrix is a minor the applicant had taken her from the custody of her lawful guardianship and kept her in his custody. During the said period the applicant is said to have had sexual intercourse with the prosecutrix.
4. Learned counsel for applicant submits that the statement of the prosecutrix made under section 164 of CrPC would clearly reveal that the prosecutrix and the present applicant were have a long standing
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relationship and that they had voluntarily decided to elope and get married. It is also the statement of the prosecutrix that on 08.10.2022, the two had gone to a temple and performed marriage and since then they were staying as husband and wife at the residence of the aunt of applicant. Subsequently the applicant was traced and arrested by the Police and the prosecutrix was also recovered from the house of applicant. Thus, counsel for applicant prayed for grant of bail to the applicant.
5. Learned State counsel on the other hand opposing the bail application submits that the applicant all along knew that the prosecutrix was a minor. Therefore, even if there was a consent, the same is of no relevance/consequence as the prosecutrix was admittedly less than 18 years of age. Thus, prayed for rejection of the bail application.
6. Considering the entire facts and circumstances of the case, particularly taking note of the age of the prosecutrix being more than 17 years and the applicant being around 20 years of age and also considering the statement of the prosecutrix under section 164 CrPC and the period of custody undergone by the applicant, prima facie, a strong case for grant of bail has been made out.
7. Accordingly, the application for grant of bail is allowed. It is directed that the Applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with two sureties in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed.
Sd/- ( P. Sam Koshy) JUDGE
Khatai
2 issues framed by the court
Whether bail could be granted to the applicant accused of IPC Sections 363, 366, and 376(2)(n) under the POCSO Act.
Whether the age of the prosecutrix above 17 years and the nature of relationship made a strong prima facie case for bail.
1 provisions across 1 enactments
Ramadhin Kosle @ Tiku
State Of Chhattisgarh
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
