Allowed

Ajay Ram Basod @ Murlidhar v. State of Chhattisgarh

Chhattisgarh HC8 Apr 2024MCRC/1690/2024

Case brief

AI extract

What is this about?

Regular bail application by a man arrested for rape and POCSO offences arising from a relationship in which the victim conceived and delivered a child; victim appeared before the Court through virtual mode stating no objection to bail. Bail allowed with conditions including regular trial attendance and no tampering with witnesses.

What did the court decide?

Regular bail on furnishing bond of ₹25,000 with one like surety, subject to trial attendance, non-tampering with witnesses, and State's liberty to seek cancellation.

Ajay Ram Basod @ Murlidhar 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. 1690 of 2024

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Ajay Ram Basod @ Murlidhar S/o Thurbul @ Heerasay, Aged About 30 Years R/o Village Sardih, P.S. Bagicha, District Jashpur Chhattisgarh.

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------Applicant

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VERSUS

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State of Chhattisgarh through Station House Officer, Police Station Kapu, District Raigarh Chhattisgarh.

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------- Non-applicant

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For Applicant : Mr. Sumit Shrivastava, Advocate. For State : Mr. Deepak Singh, Panel Lawyer

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Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD (09/ 04 /202 4)

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Applicant has filed this first bail application under Section 439 of CrPC for grant of regular bail as he has been arrested in connection with Crime No. 170/2022 registered at Police Station – Kapu, District Raigarh (C.G.) for offence punishable under Sections 376 of IPC and Section 4 & 6 of the POCSO Act.

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Case of prosecution in brief is that victim lodged a report in the concerned police station alleging that she developed friendly relationship with the applicant in the year 2015 and thereafter they entered into physical relationship. Applicant took her along with him, where she resided for about one year and when she became pregnant, applicant left her and got away. It is also mentioned that from their relationship she conceived pregnancy and delivered a child on 24.10.2022. Based on the report, aforementioned crime was registered and applicant was arrested.

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Learned counsel for applicant submits that applicant has been falsely implicated in the crime, he has not committed any offence as such. The report was lodged by the victim when she was more than 20 years of age and only to make the offence graver, false allegation of committing sexual intercourse with her since last 3-4 years is made. Applicant is in jail since 08.12.2022. He also contended that the victim has now been examined

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before the trial court, as per his information and there is no chance of tempering of prosecution witnesses.

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Learned State counsel opposes the submission of learned counsel for applicant and submits that as per the material available in the charge-sheet, the date of birth of the victim is 07.11.2002 and as per the allegation the applicant committed sexual intercourse with the victim since 2015. However, upon asking, he submits that the F.I.R. lodged on 06.12.2022 mentioning that victim delivered a child on 24.10.2022.

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Pursuant to the notice issued by this Court, victim appeared before this Court through virtual mode from DLSA, Raigarh, she submitted that she is having no 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, facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties as also the date of arrest of applicant since 08.12.2022, without commenting anything on merits of the case, I am inclined to allow this bail application.

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Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the Court 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) The 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 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/(Parth Prateem Sahu) Judge

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/pawan

Ajay Ram Basod @ Murlidhar v. State of Chhattisgarh

Case brief

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Ajay Ram Basod @ Murlidhar v. State of Chhattisgarh

Case brief

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