Allowed

Rajendra Sahu v. State of Chhattisgarh

Chhattisgarh HC24 Nov 2023MCRC/7645/2023

Case brief

AI extract

What is this about?

This order grants regular bail to an applicant incarcerated in a POCSO case involving sexual offences on the pretext of marriage. The High Court allowed the second bail application based on the victim's 'No Objection' statement and the lack of prosecutrix support for the case.

What did the court decide?

Applicant enlarged on bail on execution of personal bond for Rs. 25,000 with one surety, subject to conditions of appearance and non-interference.

Rajendra Sahu Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 7645 of 2023

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Rajendra Sahu S/o Late Bhola Aged About 29 Years Resident Of Ekta Nagar, Godripara, Chirmiri, Police Station- Chirmiri, District : Manendragarh-Chirmiri-Bharatpur, Chhattisgarh

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---- Applicant

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Versus

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State Of Chhattisgarh Through Station House Officer, Police Station- Chirmiri,, District : Manendragarh-Chirmiri-Bharatpur, Chhattisgarh

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---- Respondent

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For Applicant : Shri Sanjay Pathak, Advocate For Respondent/State : Shri Amit Singh Chouhan, PL

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Hon’ble Shri Justice Sachin Singh Rajput

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Order On Board

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24/11/2023

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Victim has appeared before this Court through video conferencing from the concerned DLSA, Baikunthpur and has stated ‘No Objection’ with regard to grant of bail to the applicant.

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The applicant has filed this second bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 615/2022 registered at police station Chirmiri, District Koriya (CG) for the offence punishable under Sections 376(2)(n), 294 and 323 IPC and Sections 5(L)/6 of the Protection of Children from Sexual Offences Act 2012.

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The first bail application filed by the applicant was rejected vide M.Cr.C. No. 300 of 2023 dated 08.02.2023.

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As per prosecution case, the victim was subjected to sexual intercourse by the applicant since 13.03.2012 on the pretext of marriage.

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Learned counsel for the applicant would submit that the prosecutrix has been examined and she has not supported the case of prosecution and totally discarded the case of prosecution. He submits that the applicant is in jail since 14.11.2022; the charge sheet has been filed and trial is likely to take some time therefore, the applicant may be granted bail.

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On the other hand, State counsel opposes the bail application.

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Heard counsel for the parties and perused the case diary.

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Considering the facts and circumstances of the case and looking to the statement of the prosecutrix and the detention period of the applicant, without further commenting on merits of the case, I am inclined to enlarge the applicant on bail. Accordingly, his bail application is allowed.

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It is directed that in the event of applicant executing a personal bond for a sum of Rs. 25,000/- with one surety to the satisfaction of the concerned trial court, he shall be released on bail on the following conditions:

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i) He shall appear before the trial court regularly on each and every date, unless exempted from appearance.

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ii) He shall not make any attempt to tamper with the prosecution witnesses.

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Iii) he shall not involve himself in any offence of similar nature in future or else this order granting bail to the applicant

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shall automatically stand cancelled without further reference to the Court

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iv) he is restrained from meeting any of the prosecution witness till the conclusion of the trial.

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It is made clear that if any of the conditions is violated by the applicant and brought to the notice of the trial court, the trial court is at liberty to cancel the bail granted to the applicant.

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Sd/(Sachin Singh Rajput) Judge

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suguna

Rajendra Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Rajendra Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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