Allowed

Ankit Kumar Rahi v. State of Chhattisgarh

Chhattisgarh HC2 May 2023MCRC/812/2023

Case brief

AI extract

What is this about?

Hon'ble High Court of Chhattisgarh, Bilaspur, allowed a bail application under Section 439 CrPC for an accused charged with offences under IPC 376 and POCSO. The Court observed the prosecutrix turned hostile and noted a past consensual relationship, granting bail on a personal bond with sureties.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond for Rs. 25,000/- with two sureties of the like sum to the satisfaction of the Trial Court.

Ankit Kumar Rahi Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MISC. CRIMINAL CASE NO. 812 OF 2023

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• Ankit Kumar Rahi, S/o Shri Mahesh Das, aged about 21 years, R/o Village Sarnadih, P.S. Balrampur, District Balrampur-Ramanujganj (C.G.)

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… Applicant

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versus

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• State of Chhattisgarh, through S.H.O., P.S. Ramanujganj, District Balrampur-Ramanujganj (C.G.)

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… Respondent For Applicant : Mr. Dheerendra Pandey, Adv. For Respondent : Ms. Sameeksha Gupta, P.L.

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Hon'ble Shri Justice P. Sam Koshy Order on Board

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[02/05/2023]

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1. The present is an Application under Section 439 of CrPC seeking for grant of bail to the Applicant who is in jail since 12.7.2022 in connection with Crime No.257/2022 registered at Police Station Ramanujganj, District Balrampur-Ramanujganj, for the offence punishable under Section 376 of IPC as also under Sections 4 & 6 of the POCSO Act.

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2. Case of the Prosecution is that the Applicant, knowing fully well the fact of the Prosecutrix being minor, is said to have had physical relationship with her. Subsequently, an FIR was lodged against the Applicant for the aforementioned offence and he was arrested on 12.7.2022 and since then he is in jail.

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3. Learned Counsel for Applicant submits that the Prosecutrix, meanwhile, has been examined before the Trial Court on 14.11.2022 and she has turned hostile and has not supported the case of the Prosecution. He further submits that from the statement of the Prosecutrix itself it is clear that they both were having love affair and there was a consensual relationship between the two. Learned Counsel for Applicant, therefore, prays for the Applicant to be released on bail on the aforesaid grounds.

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4. Learned State Counsel does not dispute the fact that the Prosecutrix has turned hostile and has not supported the case of the Prosecution. Nonetheless, she submits that, admittedly, the Prosecutrix was a minor and this fact was fully known to the Applicant. Therefore, the Applicant does not deserve to be enlarged on bail.

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5. Having heard the contentions put forth on either side and on perusal of record, particularly, taking into consideration the age of the Prosecutrix and the age of the Applicant and also taking into consideration the statement of the Prosecutrix as also the period of custody undergone by the Applicant, this Court is of the view that the present is a fit case where the Applicant can be enlarged on bail at this juncture.

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6. Accordingly, the Application under Section 439 of CrPC is allowed. It is ordered that the Applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with two sureties of the like sum to the satisfaction of the concerned Trial Court for his appearance as and when directed by the Trial Court.

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Sd/-

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(P. Sam Koshy)

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/sharad/ Judge

Ankit Kumar Rahi v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ankit Kumar Rahi v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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