Shankar Soni Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2024)

Shankar Soni Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2024)

What the court decided

AI extract

Outcome

All three applicants enlarged on regular bail upon each furnishing a bail bond of Rs. 25,000/- with one surety in the like sum to the satisfaction of the Court, subject to conditions of regular appearance before the Trial Court, non-tampering with prosecution witnesses, and liberty to the State to apply for cancellation of bail if the applicants are found involved in similar offence in future.

Issue for consideration

Whether the three applicants, arrested in Crime No. 178 of 2023 of Police Station Ramanujganj for offences punishable under Sections 341, 376DA and 384 of the IPC, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012, are entitled to be enlarged on regular bail under Section 439 of CrPC.

Court's answer

Taking into consideration the facts and circumstances of the case, the nature of allegation, the submissions of counsel for the respective parties, in particular the submission based upon the deposition of the victim, and without commenting on the merits of the case, the Court was inclined to enlarge the applicants on bail.

Ratio / Principle

The bail application is allowed; the applicants are to be released on regular bail upon each of them furnishing a bail bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the Court.

Key takeaways

Bail is subject to conditions: the applicants shall appear regularly before the Trial Court unless exempted, shall not tamper with the prosecution witnesses in any manner, and if found involved in similar offence in future it will be open to the State to apply for cancellation of bail.ratio¶28

Detailed headnote1 paragraphs

Bail — Regular bail under Section 439 CrPC — First bail application by three accused in Crime No. 178 of 2023, Police Station Ramanujganj, District Balrampur-Ramanujganj (C.G.), for offences punishable under Sections 341, 376DA and 384 of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012 — Prosecution case of gang rape of a temple visitor on 04.08.2023 after the applicants allegedly threatened the victim and her friend and demanded Rs. 10,000/- — Per defence, the victim examined during trial has not supported the prosecution case; per State, applicant No. 1 has nine other criminal antecedents — Held, without commenting on merits of the case and taking into account the nature of allegation and the deposition of the victim, the applicants were enlarged on regular bail on furnishing a bail bond of Rs. 25,000/- each with one surety in the like sum, subject to conditions of regular appearance before the Trial Court, non-tampering with prosecution witnesses, and liberty to the State to seek cancellation of bail if the applicants are found involved in similar offence in future (Parth Prateem Sahu, J.).

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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 1269 of 2024

Shankar Soni S/o Nandu Soni Aged About 36 Years R/o Ward No. 14 Ramanujganj, P.S.- Ramanujganj, District- Balrampur-Ramanujganj, Chhattisgarh.

Majbula Ansari S/o Aosi Mohammad Aged About 28 Years R/o Ward No. 01 Ramanujganj, P.S.- Ramanujganj, District- BalrampurRamanujganj, Chhattisgarh.

Hasnain Ansari S/o Allauddin Ansari Aged About 23 Years R/o Ward No. 14 Ramanujganj, P.S.- Ramanujganj, DistrictBalrampur-Ramanujganj, Chhattisgarh.

---- Applicants

Versus

State Of Chhattisgarh Through Police Station- Ramanujganj, DistrictBalrampur-Ramanujganj, Chhattisgarh.

---- Non-applicants

For Applicants : Mr. Akath Kumar Yadav, Advocate For State : Mr. Pramod Shrivastava, Dy. Govt. Advocate

Hon'ble Shri Justice Parth Prateem Sahu Order On Board

04/04/2024

Applicants have filed this first bail application under Section 439 of CrPC for grant of regular bail as they were arrested in connection with Crime No. 178 of 2023 registered at Police Station Ramanujganj, District – Balrampur – Ramanujganj (C.G.) for offence punishable under Section 341, 376DA (wrongly mentioned as 376 (a)(d) in the bail application and in order as (A) (D)), 384 of I.P.C., 1860 and Section 6 of Protection of Children from Sexual Offences Act, 2012.

Notice was sent to victim/complainant is reported to be served

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upon brother of victim, however, there is no representation on their behalf.

Case of the prosecution, in brief, is that, on 04.08.2023 when victim along with her friend visited temple on the hill at Ramanujganj, at that time, applicants came there and threatened them stating that they came here for committing wrong and demanded Rs. 10,000/-. Friend of victim was sent to bring money. Applicants took victim in nearby jungle and committed gang rape. Incident was reported to the concerned Police Station, based upon which, aforementioned crime was registered and applicants along with other co-accused persons were arrested.

Learned counsel for applicants submits that applicants are innocent and have not committed any offence. They have been falsely implicated in the aforementioned crime. During trial, victim has now been examined and has not supported the case of prosecution. Applicants are in jail since 06.08.2023 and 08.03.2023, hence, they may be enlarged on bail.

Learned State counsel opposes the submission made by learned counsel for applicants and submits that there are nine other criminal antecedent against applicant No. 1. He further submits that, submission of learned counsel for applicants based upon the deposition of victim is subject matter of appreciation by learned Trial Court.

I have heard learned counsel for the parties.

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Taking into consideration facts and circumstances of the case, nature of allegation, submission of counsel for the respective parties, in particular, submission of learned counsel for applicants based upon the deposition of victim, without commenting on merits of the case, I am inclined to enlarge the applicants on bail.

Accordingly, the bail application is allowed. It is directed that the applicants shall be released on regular bail, upon each of them furnishing a bail bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that -

a) Applicants shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

b) The applicants shall not, in any manner, tamper with the prosecution witnesses.

c) If the applicants are found involved in similar offence in future, it will be open for the State to apply for cancellation of Bail.

Certified copy as per rules.

Sd/(Parth Prateem Sahu)

Judge

Shayna