Allowed

Vikas Baghel v. State of Chhattisgarh

Chhattisgarh HC21 Nov 2023MCRC/7126/2023

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh granted regular bail to the applicant under Section 439 CrPC in a case involving POCSO offences and abduction. The Court considered the victim's age, her hostile deposition, and the detention period, directing release on personal and surety bond.

What did the court decide?

Application under Section 439 CrPC allowed; applicant released on bail on personal bond of Rs. 25,000/- with one surety.

Vikas Baghel Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 7126 of 2023

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Vikas Baghel Son of Shiv Baghel, aged about 30 years, Resident of Station Para, Sola Kholi, Tahsil and District Rajnandgaon (C.G.),

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---- Applicant

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Versus

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State Of Chhattisgarh, Through : The Station House Officer, Police Station - Kotwali, District Rajnandgaon (C.G.).

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---- Respondent

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For Applicant :Pramod Ramteke, Advocate. For State/Non-applicant :Rahul Jha, G.A.

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Hon'ble Shri Justice Naresh Kumar Chandravanshi

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Order on Board

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21.11.2023

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The applicant has preferred this second bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail, as he was arrested on 07.01.2023 in connection with Crime No.995/2022, registered at Police Station Kotwali District- Rajnandgaon (C.G.) for the offence punishable under Sections 363, 366, 376 (2) (<) of the Indian Penal Code and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012.

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The first bail application of the applicant has been rejected by this Court vide order dated 21.04.2023 in MCRC No.923/2023.

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Allegation against applicant is that the applicant abducted minor

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victim/prosecutrix and kept her in a rented house, sexually exploited her, therefore, she became pregnant and delivered male child. Based on above facts, a case was registered against the present applicant.

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Learned counsel for applicant submit that it is a case of love affair between the victim/prosecutrix and applicant. He would further submit that as per case of prosecution victim/prosecutrix was 17 years aged girl at the time of incident. Thus, as per the case of prosecution itself, she was on the verge of majority, although she had already attained majority at the time of incident. He would further submit that applicant and victim have performed marriage and victim/prosecutrix, she is residing in the house of applicant, as his wife and she also delivered a male child of the applicant. He would further submit that deposition of victim/prosecutrix has been recorded in which she has completely turned hostile and not supported the case of prosecution at all. The applicant is in jail since 07.01.2023, therefore, the applicant may be enlarged on bail.

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On the other hand, learned State counsel opposes the bail application assisted by the learned counsel for the Objector.

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

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Having considering the marginal age of victim/prosecutrix at the time of incident and also considering the fact that certified copy of the deposition of the victim/prosecutrix has been filed by

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applicant, which shows that she has not supported the case of prosecution at all, and further considering the detention period of the applicant, as he is in jail since 07.01.2023. In view of totality of facts of the case, I am inclined to release the applicant on bail. Therefore, the application filed under Section 439 of the Cr.P.C. is allowed.

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It is directed that in the event of the applicant executing a personal bond for a sum of Rs.25,000/- with one surety of the like sum to the satisfaction of the concerned trial Court for his appearance before the concerned Court on each hearing, he be released on bail.

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Certified copy as per rules.

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Sd/(Naresh Kumar Chandravanshi) Judge

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Avinash

Vikas Baghel v. State of Chhattisgarh

Case brief

What is this about?

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Vikas Baghel v. State of Chhattisgarh

Case brief

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What did the court decide?

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