Allowed

Golu @ Abbu Obeda Ansari v. State of Chhattisgarh

Chhattisgarh HC28 Jul 2023MCRCA/630/2023

Case brief

AI extract

What is this about?

The applicant filed a bail application under Section 438 CrPC challenged by the State in relation to alleged assault and molestation under IPC and POCSO. The applicant submitted a counter-case alleging assault on him by others. Considering these factors and the victim's lack of objection, the court allowed anticipatory bail conditioned on a personal bond and compliance with terms.

What did the court decide?

Anticipatory bail allowed on executing a personal bond in sum of Rs. 25,000 with one surety, subject to conditions of interrogation and appearance in court.

Golu @ Abbu Obeda Ansari Vs State of… — 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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MCRCA No. 630 of 2023

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Golu @ Abbu Obeda Ansari S/o Mod Emtiyaj Aged About 19 Years R/o Village- Sarima Police Station And Tahsil- Shankargarh DistrictBalrampur-Ramanujganj (Chhattisgarh)

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---- Applicant

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Versus

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State Of Chhattisgarh Through- Police Station- Shankargarh, District- Balrampur-Ramanujganj (Chhattisgarh)

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---- Non-applicant

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For Applicant : Mr. Akath Kumar Yadav, Advocate For State : Mr. B.L. Sahu, Panel Lawyer

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Hon'ble Shri Justice Narendra Kumar Vyas Order on Board

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28/07/2023

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In pursuance of this Court's order dated 04.07.2023, the victim is present before this Court and has submitted that she has no objection in granting bail to the applicant, but the father of victim has raised an objection about releasing the applicant on bail.

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This is the first bail application filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973, for grant of anticipatory bail, who has apprehension of being arrested in connection with Crime No. 35/2023, registered at Police Station– Shankargargh, District- Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 341, 354, 323 of IPC and Section 8 of Protection of Children from Sexual Offences Act, 2012.

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The prosecution story in brief is that the uncle of the victim has filed a written complaint in the Police Station Shankargargh, District Balrampur alleging that on 16.03.2023 at about 10:30 PM, the present applicant has stopped the victim and also teased her. On the basis of the complaint, an offence under Section 341, 354, 323 was registered and since the girl was minor, the allegation under Section 8 of the POCSO Act was also leveled against the present applicant.

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Learned counsel for the applicant would submit that it is a counter case as the complainant is also subjected to assault by the family members of the victim and applicant has got serious injuries, therefore he was admitted in the CHC, Shankargarh and thereafter he remained in the District Hospital, Ambikapur from 18.03.2023 and thereafter he has also lodged an FIR on 21.03.2023 for commission of offence against the four persons Hasan, Mustkim Ali, Murshid and Shahid. Mustkim Ali is one of the complainant in the present case, therefore he would submit that it is a false case against him and prays for releasing him on bail.

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On the other hand, the State counsel would submit that the complainant was subjected to physical assault by the applicant therefore prayed for rejection of the bail.

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I have heard the learned counsel for the applicant.

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Considering the allegations leveled against the applicant and also considering that counter case has also been filed by the present applicant and also considering the fact that the applicant has sustained injury to substantiate that the applicant has also filed the medical records regarding the injury sustained by him. Considering these aspects of the matter, I am inclined to release the applicant on anticipatory bail.

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Accordingly, the instant anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on anticipatory bail by the officer arresting him on executing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicant shall also abide by the following conditions:-

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(i) That the applicant shall make himself available for interrogation before the concerned police officer as and when required;

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(ii) That the applicant shall not, directly or indirectly, make any inducement, threat undue influence to the prosecution witnesses;

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(iii) That the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

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Sd/-

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(Narendra Kumar Vyas) Judge

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ved

Golu @ Abbu Obeda Ansari v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Golu @ Abbu Obeda Ansari v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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