Allowed

Parmeshwar Chandra @ Chhotu v. State of Chhattisgarh

Chhattisgarh HC20 Jun 2023MCRC/3441/2023

Case brief

AI extract

What is this about?

High Court granted bail to applicant in a second application under Section 439 CrPC for POCSO and abductio. n offences. Court noted applicant is not main accused, victim had no objection, and noted non-hostile deposition even after prosecution hostility declaration.

What did the court decide?

Applicant released on bail with one personal bond of Rs.25,000 and two sureties in like sums.

Parmeshwar Chandra @ Chhotu Vs State of… — Child Sexual Offences (POCSO) | Chhattisgarh HC (2023)

¶1

¶2

MCRC No. 3441 of 2023

¶3

NAFR

¶4

HIGH COURT OF CHHATTISGARH, BILASPUR

¶5

MCRC No. 3441 of 2023

¶6

Parmeshwar Chandra @ Chhotu S/o Pritam Lal Aged About 22 Years R/o Village- Sukhda, Police Station- Dabhra, District : Sakti, Chhattisgarh ---- Applicant

¶7

Versus

¶8

State Of Chhattisgarh Through Station House Officer, Police Station Dabhra, District : Sakti, Chhattisgarh ---- Respondent

¶9

For Applicant :- Mr. K.K. Pandey, Advocate For Respondent-State :- Mr. Suyash Dhar Badgaiya, PL

¶10

Hon'ble Shri Justice N.K. Chandravanshi Order On Board

¶11

20.6.2023

¶12

This is second bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested on 09.1.2023 in connection with Crime No.289/2022 registered at Police Station Dabhra, District : Sakti (C.G.) for the offence punishable under Sections 363, 366, 376, 109, 34 of the I.P.C. and Section 4, 6 / 17 of the POCSO Act.

¶13

Earlier, the first bail application of applicant was dismissed as withdrawn with liberty to file a fresh bail application.

¶14

Facts of the case, in brief, are that on 01.8.2022 main accused Bajrang Chandra abducted the minor victim / prosecutrix, took her to Chandigarh and raped her. Allegation against present applicant is that he instigated the victim/ prosecutrix to go with accused Bajrang Chandra and thereby helped him in abduction. Based on above facts, present crime has been registered against the applicant.

¶15

Learned counsel for the applicant would submit that applicant is innocent and he has been falsely roped in the present case. It is further submitted that in the instant case main accused is Bajrang

¶16

¶17

MCRC No. 3441 of 2023

¶18

Chandra and alleged allegation against applicant is only that he helped main accused in abduction of victim/ prosecutrix. It is also submitted that statement of victim/ prosecutrix has been recorded before the trial Court, photocopy of certified copy of deposition of victim/ prosecutrix has been filed by applicant, in which she has not stated anything against the applicant and prosecution has declared her hostile despite that she has not made any statement against applicant. It is next submitted that applicant is in jail since 09.1.2023; charge-sheet has already been filed and conclusion of trial is likely to long time, hence, applicant may be enlarged on bail.

¶19

Per contra , learned State counsel vehemently opposes the bail application of applicant.

¶20

Today, victim/ prosecutrix along with her father is present before this Court and they stated no objection in regard to grant of bail to the applicant.

¶21

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

¶22

Having regards to the facts & circumstances of the case, particularly considering the role played by applicant and also considering the fact that present applicant is not main accused in the alleged crime, I am inclined to grant bail to the applicant.

¶23

Accordingly, the present bail application is allowed. It is directed that applicant shall be released on bail on his furnishing one personal bond for a sum of Rs.25,000/- along with two sureties in the like sum to the satisfaction of the concerned trial Court on conditions that-

¶24

Applicant shall appear before the trial Court regularly on each and every date, unless exempted from appearance.

¶25

Applicant shall not, in any manner, tamper with the prosecution witnesses.

¶26

If applicant is found involved in similar offence in the future, it will be open for the State to apply for cancellation of bail.

¶27

Certified copy as per rules.

¶28

SD/-

¶29

Ayushi

¶30

( N.K. Chandravanshi ) Judge

Parmeshwar Chandra @ Chhotu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Parmeshwar Chandra @ Chhotu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shri Nirmal Chand Sarkar Vs Government of India

Shri Shyam Lal Bhargav Vs Govt. Of India

Dr. smt. Kumudani Kerketta Vs State Of Chhattisgarh

Rammurar Singh Padwal Vs State of Chhattisgarh

Khalid Khan Vs State of Chhattisgarh

Kuleshwar Thakre Vs State of Chhattisgarh