Allowed

Prabhat Vishwas v. State of Chhattisgarh

Chhattisgarh HC2 Apr 2024MCRC/1585/2024

Case brief

AI extract

What is this about?

This High Court allowed a regular bail application filed by an applicant arrested under IPC and POCSO charges. The court granted bail with conditions despite pending case details and victim parental objections, directing an appearance before the trial court.

What did the court decide?

Regular bail granted upon furnishing a bond of Rs. 25,000 with one local surety of like amount.

Prabhat Vishwas 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. 1585 of 2024

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1- Prabhat Vishwas Son Of Prashant Vishwas Aged About 21 Years, Resident Of M.V.-62, Girikanpali, Police Station M.V. -79, District - Malkangiri (Odisha) (In Jail)

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---- Applicant

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Versus

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1- State Of Chhattisgarh, Through The Station House Officer, Police Station Polampalli, District - Sukma, Chhattisgarh.

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---- Respondent

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For Applicant : Mr. Prahlad Shrivas, Advocate For Respondent/State : Ms. Mukta Tripathi, P.L.

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Hon'ble Shri Justice Parth Prateem Sahu

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Order On Board

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03/04/2024

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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. 06 of 2023, registered at Police Station – Polampalli, District Sukma (C.G.) for offence punishable under Section 363, 366, 376 (2) (n) of the Indian Penal Code and Section 6 of Protection of Children from Sexual Offences Act.

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Case of the prosecution in brief is that sister of the victim lodged report in the concerned police station alleging that his sister is found missing from the house. Based upon which initially crime was registered for alleged commission of offence under Section 363 of I.P.C.. During the course of investigation, victim was recovered, after recording statement under Section 161 of Cr.P.C., other offences were registered and applicant was arrested on 08.12.2023.

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Learned counsel for applicant submits that applicant has been falsely implicated in this case. He has not committed any offence as alleged. Victim is now examined before the trial Court and she has not supported the case of the prosecution. Applicant is in jail since 18.12.2023. Hence, applicant may be released on bail.

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Learned State counsel opposes the submission of learned counsel for applicant and would submit that victim in her statement recorded under Section 161 of Cr.P.C. made allegation against applicant. She further submits that submission of learned counsel for applicant based on the deposition of the victim is subject matter of appreciation by the trial Court. On the date of incident, victim was aged about 16 years and 8 months.

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Pursuant to the notice issued by this Court, parents of the victim virtually appeared before this Court from DLSA, Sukma and raised objection in grant of bail.

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I have heard learned counsel for the parties and perused the

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case diary.

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

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Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is directed that the applicant shall be released on regular bail upon his furnishing a bail bond in the sum of Rs.25,000/- with one local surety in the like sum to the satisfaction of the Court below 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). 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 the 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/-

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(Parth Prateem Sahu) Judge

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Balram

Prabhat Vishwas v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Prabhat Vishwas v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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