Dismissed

Kamlesh Sahu @ Jugnu v. State of Chhattisgarh

Chhattisgarh HC15 Sept 2023MCRC/6527/2023

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh considered a bail application filed by the accused under Section 439 Cr.P.C. in a case involving offences under the IPC and POCSO Act. The court observed the serious nature of the allegation and relied on the prosecutrix's statement, dismissing the bail prayer.

What did the court decide?

Bail application under Section 439 Cr.P.C. rejected and the applicant remains in custody.

Kamlesh Sahu @ Jugnu Vs State of… — Child Sexual Offences (POCSO) | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6527 of 2023

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Kamlesh Sahu @ Jugnu S/o Setram Sahu Aged About 33 Years R/o Village Bhurka, P.S. And District Mahasamund, Chhattisgarh.

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--- Applicant.

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Versus

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State Of Chhattisgarh Through Police Station Mahasamund, District : Mahasamund, Chhattisgarh --- Respondent.

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CAUSE TITLE DOWNLOADED FROM CIS PERIPHERY

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----------------------------------------------------------------------------------------------For Applicant : Mr. Shubhank Tiwari, Adv. For Respondent/State : Mr. Arjit Tiwari, PL.

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Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board

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15.09.2023

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This second application under Section 439 Cr.P.C. for grant of bail has been filed by the accused/applicant who has been arrested on 13.05.2023 in connection with Crime No.190/2023 registered at Police Station Mahasamund for the offence under Sections 354 (क) & 456 of of the IPC and Section 8 of the POCSO Act, 2012.

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2 . As per prosecution story, in the midnight of 12.05.2023 and 13.05.2023 when the prosecutrix was sleeping her room, the accused/ applicant entered her room and with intention to outrage her modesty he grabbed her arm and waist, due to which, she woke up and started shouting and ran away from the room and called her parents.

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It is pertinent to mention here that earlier bail application filed by the applicant was dismissed as withdrawn by this Court vide order dated 18.07.2023 in MCRC No.4065/2023.

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3. Learned counsel for the applicant submits that the accused/applicant is innocent and falsely implicated in the crime in question. He also submits that prosecutrix and her father has been

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examined and they have not supported the case of the prosecution. He also submits that the applicant is behind the bar since 13.05.2023 and conclusion of the trial is likely to considerable time therefore, he may be released on bail.

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4. Per contra, learned State counsel strongly opposes the prayer for bail and draws attention of this Court towards the statement prosecutrix (PW-1) who categorically narrated the incident in her statement.

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5. Having considered the submission of counsel for the parties and considering the facts and circumstances of the case, further considering the backdrop of the case and after perusing the statement of the prosecutrix (PW-1), allegation against the applicant appears to be serious in nature, therefore, I am not inclined to grant bail to the applicant.

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6. Accordingly, the application is rejected.

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Sd/-

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(Deepak Kumar Tiwari) Judge

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Ajay

Kamlesh Sahu @ Jugnu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Kamlesh Sahu @ Jugnu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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