Allowed

Aman Nayak v. State of Chhattisgarh

Chhattisgarh HC20 Dec 2023MCRC/8778/2023

Case brief

AI extract

What is this about?

In this bail application under Section 439 CrPC, the High Court allowed regular bail for an applicant accused of serious offences including those under IPC and POCSO Act. The Court noted the victim's pro-bail statement and directed release on bond with surety, without commenting on merits.

What did the court decide?

The bail application is allowed and applicant directed to be released on regular bail upon furnishing a bail bond of ₹25,000/- with one surety.

Aman Nayak 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. 8778 of 2023

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Aman Nayak S/o Anandram Nayak Aged About 24 Years R/o Village Jaitpur, P.S. Sarsiwa Distt. Sarangarh, Bilaigarh (C.G.)

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------Applicant

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VERSUS

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State of Chhattisgarh through Station House Officer, P.S. Sarsiwa Sarangarh Bilaigarh Chhattisgarh.

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------- Non-applicant

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For Applicant : Mr. Aishwarya Kumar Dubey, Advocate. For Non-applicant : Ms. Akshara Amit, Panel Lawyer

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

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20/12/2023

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Applicant has filed this first bail application under Section 439 of CrPC for grant of regular bail as he has been arrested in connection with Crime No. 322/2023 registered at Police Station – Sarsiwa District Sarangarh- Bilaigarh (C.G.) for offence punishable under Section 363, 366, 366A, 376, 34 of IPC and Section 4, 6, 17 of the POCSO Act, 2012 and Section 3(1), 3(d), 3(2)(5A) of the SC/ ST Act.

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Case of prosecution is that father of victim lodged missing report on 28.03.2023, based on which initially F.I.R. was registered for offence under Section 363 IPC against unknown person. During course of investigation, victim was recovered and after recording her statement under Section 161 of CrPC, aforementioned offences were also registered and applicant along with co-accused persons were arrested. Applicant was arrested on 25.10.2023.

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Learned counsel for applicant submits that applicant has been falsely implicated in the crime. Even in the statement recorded under Section 164 of CrPC victim has made allegation that the applicant along with his friends have asked the victim to marry their friend ie. Sanjay Banjare

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with whom she eloped. He submits that even that allegation is false. Except that allegation no other allegation is levelled against applicant. Applicant is in jail since 25.10.2023.

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Learned State counsel opposes the submission of learned counsel for applicant and submits that there is involvement of applicant in commission of offence as reflecting from the material available in the case diary. Age of victim is about 17 years and therefore applicant is not entitled for grant of bail. However, upon asking with regard to allegation levelled in the statement under Section 164 CrPC, she does not dispute the submission of learned counsel for applicant.

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Pursuant to the notice issued, victim is present before this Court through virtual mode from DLSA, Sarangarh, she submits that she 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, nature of allegation, submission of learned counsel for respective parties, role of applicant as also submission of victim the Court, 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 in the sum of ₹25,000/- with one surety in the like sum to the 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/(Parth Prateem Sahu) Judge

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/pwn

Aman Nayak v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Aman Nayak v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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