Dismissed¶23

Goukaran Yadav v. State of Chhattisgarh

Chhattisgarh HC3 Apr 2024MCRC/1344/2024

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur | MCRC No. 1344 of 2024 | decided 04/04/2024 by Justice Parth Prateem Sahu (single judge) | regular bail, Section 439 Cr.P.C. | offences: IPC Ss. 363, 366, 376 (3), 376 (2) (n) and POCSO Act S. 5 (1)/06 | Crime No. 360 of 2023, PS Masturi, Distt. Bilaspur | minor victim (DOB 12.11.2007 per mark-sheet), recovered 21.11.2023, applicant in custody since 22.11.2023 | victim's father personally opposed bail | bail application rejected | marked NAFR (not approved for reporting) | no precedents cited.

What did the court decide?

Considering the facts and circumstances of the case, the nature of allegation, the material collected by the police during investigation and, in particular, the age of the victim, the Court did not find the present to be a fit case to enlarge the applicant on regular bail at that stage.

Goukaran Yadav Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 1344 of 2024

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1- Goukaran Yadav S/o Ram Khilawan Yadav Aged About 19 Years, R/o Village Khudiadih, Thana Bilha, Distt. Bilaspur (C.G.)

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---- Applicant

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Versus 1- State Of Chhattisgarh, Through The Police Station Thana Masturi, Distt. Bilaspur (C.G.)

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---- Respondent

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For Applicant : Mr. Deepak Kumar Jain, Advocate For Respondent : Mr. Pramod Kumar Shrivastava, Dy.G.A.

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Hon'ble Shri Justice Parth Prateem Sahu

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Order On Board

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04/04/2024

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Applicant has filed this bail application under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail as he has been arrested in connection with Crime No.360 of 2023, registered at Police Station – Masturi, District – Bilaspur (C.G.) for offence punishable under Section 363, 366, 376 (3), 376 (2) (n) of I.P.C. and U/s. 5 (1)/06 of Protection of Children From Sexual Offences (POCSO) Act, 2012.

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Case of the prosecution in brief is that father of victim lodged report in the concerned police station alleging that on 18.06.2023

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his daughter is found missing from the house. Based on the report, initially crime was registered for the offence under Section 363 of I.P.C. against unknown person. During the course of investigation, victim was recovered on 21.11.2023 and after recording of her statement under Section 161 of Cr.P.C., other offences were also added and applicant was arrested.

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Learned counsel for applicant submits that applicant has been falsely implicated in this case. Applicant has not committed any offence as alleged. From the statement of the victim recorded under Section 164 of Cr.P.C. it is appearing that victim herself accompanied applicant and both of them performed marriage and after marriage lived together till the arrest of applicant. Applicant is in jail since 22.11.2023.

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Learned State counsel opposes the submission of learned counsel for applicant and would submit that victim was less than 16 years of age at the time of incident and the mark-sheet of the victim is also seized by the police in which the date of birth of victim is mentioned 12.11.2007.

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Pursuant to the notice issued by this Court, father of the victim appeared in person before this Court on 27.03.2024 and raised objection in grant of bail to applicant.

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I have heard learned counsel for the parties and perused the case diary.

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Taking into consideration the facts and circumstances of the case, nature of allegation, material collected by the police during the investigation, in particular the age of the victim, I do not find present to be a fit case to enlarge the applicant on regular bail at this stage.

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Accordingly, the bail application filed under Section 439 of the Cr.P.C. is rejected.

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Sd/- (Parth Prateem Sahu) Judge

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Balram

Goukaran Yadav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Goukaran Yadav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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