Allowed¶22

Jageshwar Pahadi Korwa v. State of Chhattisgarh

Chhattisgarh HC17 Mar 2024MCRC/1523/2024

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur; MCRC No. 1523 of 2024; decided 18.03.2024 by Rakesh Mohan Pandey, J.; first regular bail application under S.439 Cr.P.C.; offences under S.354 IPC and Ss.6 & 7 POCSO Act, 2012; Crime No. 211/2023, P.S. Rajpur, Balrampur-Ramanujganj; alleged outraging of modesty of minor victim on 20.09.2023, FIR dated 21.09.2023; victim as PW/1 did not support prosecution; applicant in jail since 21.12.2023; bail allowed on personal bond of Rs. 50,000/- with standard conditions; no case law cited.

What did the court decide?

Regular bail granted on execution of a personal bond of Rs. 50,000/- to the satisfaction of the concerned trial Court, subject to conditions (a) availability for interrogation, (b) no inducement/threat/promise to dissuade disclosure, and (c) no act prejudicial to a fair and expeditious trial.

Jageshwar Pahadi Korwa Vs State of… — 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. 1523 of 2024

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Jageshwar Pahadi Korwa S/o Viphana Pahadi Korwa Aged About 29 YearsR/o Village - Chilma, Police Station- Pasta, District Balrampur-Ramanujganj, Chhattisgarh.

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---- Applicant

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Versus

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State Of Chhattisgarh Through Police Station- Rajpur, District Balrampur-Ramanujganj, Chhattisgarh. ---- Non-applicant

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(Cause-title is taken from Case Information System)

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For Applicant : Mr. Akath Kumar Yadav, Advocate

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For Non-applicant : Mr. Dilman Rati Minj, G. A.

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------------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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18.03.2024

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1. This is the first bail application preferred by the applicant under Section 439 of Cr.P.C. for the grant of regular bail in connection with Crime No. 211/2023 for the offence punishable under Sections 354 of IPC and 6 & 7 of the POCSO Act, 2012 registered at Police Station-Rajpur, Dist.- Balrampur Ramanujganj. At present, Special S.T.(POCSO) No. 103/2023 is pending before Additional Sessions Judge, Fast Track Spl. Court (POCSO), Dist.-Balrampur-Ramanujganj.

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2. The victim along with her father appeared before this Court through video conferencing with the aid of DLSA Balrampur-Ramanujganj and she has raised no objection to the grant of bail to the applicant. Her statement is taken on record.

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3. Facts of the present case are that on 20.09.2023, the present applicant tried to outrage the modesty of the victim while she was returning to her home from Rajpur Hospital. An FIR was lodged on 21.09.2023 to this effect.

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4. Learned counsel for the applicant would submit that the applicant has falsely been implicated in the case and the victim who has been examined as PW/1 before the court below has not supported the case of the prosecution. He would also submit that the applicant is languishing in jail since 21.12.2023.

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5. On the other hand, learned counsel for the State would oppose.

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6. Heard learned counsel for the parties and perused the case diary.

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7. From a perusal of the case diary, it appears that an FIR was lodged by the victim on 21.09.2023 to the effect that on 20.09.2023, the present applicant tried to outrage her modesty while she was returning to her home from Rajpur Hospital. On such a complaint, the police registered the offence as stated above.

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8. Taking into consideration the fact that the victim who has been examined as PW/1, has not supported the case of prosecution at all and the applicant is languishing in jail since 21.12.2023, I am inclined to allow the present bail application.

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9. It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 50,000/- to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:-

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(a) he shall make himself available for interrogation by the police officer as and when required;

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(b) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court; and

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The observation made hereinabove is for the purpose of deciding this bail application only, the learned trial Court shall decide the case on its own merits.

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Sd/- (Rakesh Mohan Pandey) Judge

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Ajinkya

Jageshwar Pahadi Korwa v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Jageshwar Pahadi Korwa v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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