This bail application was allowed considering the prosecutrix's hostile examination and lack of objection to bail, releasing the accused on bail with one surety and personal bond despite charges of POCSO offences.
Release on bail via personal bond of Rs.25,000 with one surety for the same amount.
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. 2222 of 2023
Versus
CAUSE TITLE TAKEN FROM CIS PERIPHERY
----------------------------------------------------------------------------------------------For Applicant : Mr. Hariom Rai, Adv. For Respondent/State : Mr. Anil Tripathi, PL.
Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board
20.06.2023
This application under Section 439 Cr.P.C. for grant of bail has been filed by the accused/applicant who is languishing in jail since 06.12.2022 in connection with Crime No.274/2022 registered at Police Station Khamhardih City Raipur, Raipur for the offence punishable under Sections 363, 366, 376 & 376 (2) (n) of IPC and Sections 4 & 6 of the POCSO Act.
2. Allegation against the applicant is that he allured the minor prosecutrix on the pretext of marriage and took her to the Lucknow where he took her as a wife and forcefully made physical relationship with her.
3. Learned counsel for the applicant submits that the accused/applicant is innocent and has been roped in a false case. He also submits that prosecutrix has been examined before the trial Court and turned hostile. He further submits prosecutrix and applicant were in love affair therefore, their relationship was consensual in nature. He further submits that applicant is languishing in since since 06.12.2022 and final conclusion of the trial is likely to take some more time,
therefore, the applicant may be released on bail.
4. Per contra, learned State counsel opposes the bail application. On 24.04.2023, prosecutrix appeared before the Court through V.C., DLSA Raipur and stated no objection in granting bail to the applicant. However, parents of the prosecutrix raised strong objection in granting bail to the applicant.
5. Having considered the submission of learned counsel for the parties and considering the facts and circumstances of the case, particularly, considering the statement of the prosecutrix where she did not supported the case of the prosecution; considering that before this Court also she did not raised objection; further considering the period of pretrial detention of the applicant, I am inclined to release the applicant on bail.
6. Accordingly, the application is allowed and it is directed that on applicant’s 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 act in any manner which will be prejudicial to fair and expeditious trial,
(b) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of case,
(c) he shall not involve himself in any offence of similar nature in future.
Sd/-
(Deepak Kumar Tiwari) Judge
Ajay
2 issues framed by the court
Whether bail should be granted to the accused charged with abduction, rape and sexual intercourse with a minor who turned hostile.
Whether the pretrial detention period and the prosecutrix's lack of objection warrant release on bail despite the custody of a minor.
1 provisions across 1 enactments
Tejram Sahu
State Of Chhattisgarh
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
