Allowed

Nitish Kumar v. State of Chhattisgarh

Chhattisgarh HC2 Apr 2024MCRC/1616/2024

Case brief

AI extract

What is this about?

This High Court order grants regular bail to an applicant accused of abduction and rape under IPC sections 363, 366, 376(2)(n) and POCSO. The petitioner argued the victim turned hostile. The court released the applicant on bail with a personal bond and one surety.

What did the court decide?

Allowed the application for regular bail. Directed release on a personal bond of Rs. 25,000 with one surety of the like sum.

Nitish Kumar 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.1616 of 2024

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Nitish Kumar S/o Ramsundar Aged About 19 Years Caste Basor, R/o Ghaghra Mahalpur, P.S. Babhani, Distt. Sonbhandra, U.P.

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---- Applicant (In jail)

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Versus

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State Of Chhattisgarh Through Station House Officer, P.S. Lundra, District : Surguja (Ambikapur), Chhattisgarh

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....Non-applicant

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For Applicant : Ms. Sangeeta Soni, Advocate For Non-applicant : Mr. Dashrath Prajapati, Panel Lawyer

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Hon'ble Mr. Justice Parth Prateem Sahu

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Order On Board

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03.04.2024

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This is first application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to applicant, who is in custody since 1.11.2023 in connection with Crime No.113/2023 registered at Police Station Lundra, Surguja (CG) for commission of offence punishable under Sections 363, 366, 376 (2) (n) of IPC and Section 05 (l) / 06 of the Protection of Children from Sexual Offences Act, 2012.

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Case of the prosecution, in brief, is that applicant on the pretext of marriage has abducted the minor victim from the lawful guardianship of her parents and committed rape on her on more than once. Victim was recovered from the

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possession of applicant and based on her statement recorded under Section 161 CrPC, applicant was arrested on 1.11.2023.

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Learned counsel for applicant submits that applicant is innocent and has been falsely implicated in instant crime. During trial, the victim has been examined before the Court below and she has not supported the case of prosecution and turned hostile. Victim has stated that because of her insistence the applicant took her to his house where they established physical relations consensually. Victim was above 18 years of age on the date of incident. Applicant is in jail since 01.11.2023, charge sheet has been filed and conclusion of trial is likely to take some, hence, applicant be released on regular bail.

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Per contra, learned State Counsel opposes submissions made by learned counsel for applicant and submits that deposition of victim relied upon by learned counsel for applicant is subject matter of appreciation by trial Court.

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On 20.03.2024, father of victim appeared virtually before this Court through DLSA Surguja and raised objection in grant of bail to applicant.

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I have heard learned counsel for the parties.

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Taking into consideration the facts and circumstances of case, nature of allegations, submissions of learned counsel for applicant based on deposition of victim, without commenting anything on merits of case, I am inclined to

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enlarge applicant on regular bail.

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Accordingly, the application is allowed and it is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of trial Court concerned on the conditions that;

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a) he shall appear before the trial Court concerned regularly on each and every date unless exempted from appearance.

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b) he shall not, in any manner, tamper with prosecution witnesses.

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c) If applicant is 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.

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Sd/(Parth Prateem Sahu) Judge

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roshan/-

Nitish Kumar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Nitish Kumar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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