Mahaveer Dhruw @ Vasu v. State of Chhattisgarh
Case brief
What is this about?
Chhattisgarh High Court, Bilaspur — MCRC No. 1818 of 2024, decided 10/04/2024 by Parth Prateem Sahu, J. First regular bail application under Section 439 Cr.P.C. arising from Crime No. 1599/2023, P.S. Sarkanda, Bilaspur, involving charges under Sections 363, 366, 376(2) IPC and Sections 4 & 6 POCSO Act (alleged taking away of a minor girl who resided with applicant about 21 days and purported marriage). Points for retrieval: victim's age disputed (applicant: over 18; State per charge-sheet: 17 years 09 months); victim and her father personally appeared before the Court and gave no-objection to bail; bail granted without commenting on merits; personal bond Rs. 25,000 with one surety; conditions imposed including no tampering with witnesses. Counsel: Bharat Kumar for applicant; Supriya Upasne, G.A. for State.
What did the court decide?
Regular bail under Section 439 Cr.P.C.: applicant to be released on furnishing a personal bond of Rs. 25,000/- with one surety in the like sum to the satisfaction of the Trial Court, subject to conditions — (i) regular appearance before the Trial Court unless exempted; (ii) no tampering with prosecution witnesses; (iii) if found involved in a similar offence in future, it will be open to the State to apply for cancellation of bail.