Allowed

Parvati Korwa v. State of Chhattisgarh

Chhattisgarh HC23 Nov 2023MCRC/6063/2023

Case brief

AI extract

What is this about?

Application for regular bail under Section 439 CrPC allowed regarding accusations of administering ayurvedic medicine to a minor victim. Applicant's age and lack of specific allegations in trial court deposition influenced the decision.

What did the court decide?

Granted regular bail upon furnishing a bond of ₹ 25,000 with one surety, subject to appearance at trial and non-tampering with witnesses.

Parvati Korwa Vs State of Chhattisgarh — Medical Negligence | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT of CHHATTISGARH, BILASPUR

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MCRC No. 6063 of 2023

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Parvati Korwa W/o Mangru Korwa, Aged About 65 Years R/o Village Amdanda, Police Station Balrampur, District Balrampur Ramanujganj (Chhattisgarh)

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------Applicant

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VERSUS

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State of Chhattisgarh through Station House Officer, Police Station Balrampur Distt. Balrampur Ramanujganj (Chhattisgarh)

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------- Non-applicant

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For Applicant : Mr. Arun Kumar Shukla, Advocate.

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For Non-applicant : Mr. G.I. Sharan, Dy. Govt. Advocate For Victim/complainant : Mr. Deepak Kumar Jain, Advocate

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Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD

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23/11/2023

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Applicant has filed this first bail application under Section 439 of CrPC for grant of regular bail as she has been arrested in connection with Crime No. 59/2023 registered at Police Station – Balrampur District Balrampur Ramanujganj (C.G.) for offence punishable under Section 313, 315, 368, 417/34 of IPC and Section 21(1) of the POCSO Act, 2012.

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Case of prosecution is, that co-accused Birbal has committed forceful sexual intercourse with the victim in the year 2022 at Ranitaangar forest and thereafter he established physical relationship with her on many occasion due to which victim who is minor girl aged about 12 years became pregnant. After getting knowledge of pregnancy, co-accused Birbal called the victim on 01.06.2023 and took her to the house of applicant where she was administered some Ayurvedic medicine. Victim gave birth to a child on 11.06.2023 and on 13.06.2023 the newborn baby died. The matter was reported to the concerned police station, based upon which aforementioned crime was registered against

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applicant and co-accused.

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Learned counsel for applicant submits that applicant has been falsely implicated in the crime, there is no involvement of applicant in the aforementioned crime in any manner. Applicant is aged about 65 years and she is in jail since 27.07.2023. He also contended that in the trial court victim was examined and in her evidence she has not levelled any allegation of any nature against applicant. Father of victim has also submitted no objection in grant of bail to applicant supported by affidavit.

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Learned State counsel opposes the submission of learned counsel for petitioner and submits that in the statement recorded under Section 161 of CrPC and the complaint there are allegations against applicant that she gave ayurvedic medicine to the co-accused which was administered to victim and thereafter she suffered miscarriage. He however submits that the argument raised by the learned counsel for applicant based on the deposition of the victim is to be appreciated by the trial Court. He also pointed out that when the father of victim appeared before this Court on 20.09.2023, he has raised objection in grant of bail to applicant.

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Learned counsel for the victim/complainant submits that he is having no objection in grant of bail to applicant.

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I have heard learned counsel for the parties.

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Taking into consideration the nature of allegation, submission of learned counsel for applicant based on the deposition of the victim, age of applicant to be 65 years and she is in jail since 27.07.2023, without commenting anything on merits, I am inclined to allow the bail application.

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Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond

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in the sum of ₹ 25,000/- with one surety in the like sum to the

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satisfaction of the Court on the conditions that-

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

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b) The applicant shall not, in any manner, tamper with the prosecution witnesses.

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

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Certified copy as per rules.

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Sd/-

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(Parth Prateem Sahu) Judge

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/pwn

Parvati Korwa v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Parvati Korwa 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

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