Allowed

Monu Kumar @ Shuklu v. State of Chhattisgarh

Chhattisgarh HC21 Apr 2024MCRC/1968/2024

Case brief

AI extract

What is this about?

The High Court allowed the first bail application filed by an 18-year-old applicant accused of kidnapping, abduction, and rape of a minor under IPC and POCSO. The applicant claimed the victim was consenting and of age. The Court, without delving into merits, inclined to allow bail. The applicant was directed to be released on a Rs. 25,000 bond with one surety.

What did the court decide?

Bail to the applicant granted on a bond of Rs. 25,000/- with one surety in like sum with conditions.

Monu Kumar @ Shuklu Vs State of… — Child Sexual Offences (POCSO) | Chhattisgarh HC (2024)

¶1

¶2

NAFR

¶3

HIGH COURT of CHHATTISGARH, BILASPUR

¶4

MCRC No. 1968 of 2024

¶5

Monu Kumar @ Shuklu S/o Shri Manzil Raut Aged About 18 Years, R/o Village Gewal Bigha, Police Line, Bengali Colony, P.S. Rampur, District- Gaya, Bihar.

¶6

------Applicant

¶7

VERSUS

¶8

State Of Chhattisgarh through – The Station House Officer, Police Station – Ambikapur, District - Sarguja (C.G.).

¶9

------- Non-applicant

¶10

For applicants : None For Non-applicants-State : Mr. Dashrath Prajapati, Panel Lawyer

¶11

SB: Hon'ble Shri Parth Prateem Sahu, Judge

¶12

ORDER ON BOARD

¶13

22/04/2024

¶14

This is the first bail application filed by the applicant under Section 439 of Cr.P.C. for grant of regular bail, as he has been arrested in connection with Crime No. 49/2024 registered at Police Station – Ambikapur, District – Sarguja, Chhattisgarh for the offences punishable under Sections 363, 366 and 376 (2) (n) of the Indian Penal Code, 1860 and under Section 06 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

¶15

Case of the prosecution is that, mother of the victim lodged a report in the concerned police station stating that her daughter is missing, based upon which, initially, crime was registered for the offence punishable under Section 363 of IPC. During the course of investigation, victim was recovered, her statement under Section 161 of Cr.P.C. was recorded and

¶16

¶17

other offences were also added. Applicant was arrested on 29.01.2024.

¶18

Applicant has filed this bail application under Section 439 of Cr.P.C. on the ground that the applicant has been falsely implicated in the crime. Applicant and the victim were having love relationship since last 02 years. Victim with her own will and consent has joined the company of the applicant. Victim on the date of incident was more than 18 years of age, hence, no offence as alleged would be made out and the applicant may be enlarged on bail.

¶19

On the other hand, learned State counsel opposes the submission and would submit that on the date of incident, victim was less than 17 years of age. In support of his contention, he read over the statement of the victim recorded under Section 164 of Cr.P.C.

¶20

Pursuant to the order passed by this Court on 12.04.2024, victim along with her mother appeared before the Court through virtual mode from D.LS.A. Ambikapur, District – Sarguja and they raised objection in grant of bail to the applicant.

¶21

I have heard learned counsel for the State as also, perused the application and the documents enclosed along with the bail application.

¶22

Taking into consideration, facts and circumstances of the case, nature of allegations, pleadings made in the application stating that the victim was more than 18 years of age as also, age of the applicant to be 18 years on the date of incident and

¶23

¶24

further, statement of victim recorded under Section 164 of Cr.P.C., without commenting anything on the merits of the case, I am inclined to allow this application for grant of bail.

¶25

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed and it is directed that applicant shall be released on bail on his furnishing a person*Bench ID: *Cause List Type: *Cases: al bond in the sum of Rs. 25,000/- with one surety in the like sum to satisfaction of Trial Court concerned on the conditions that:

¶26

(i) He shall appear before the Trial Court concerned regularly on each and every date unless exempted from appearance .

¶27

(ii)He shall not, in any manner, tamper with the prosecution witnesses.

¶28

(iii) If applicant is found involved in similar offence in future, it will be open for the State to apply for cancellation of bail.

¶29

Certified as per rules.

¶30

Sd/(Parth Prateem Sahu) Judge

¶31

Dey

Monu Kumar @ Shuklu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Monu Kumar @ Shuklu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Balram Sahu Vs State of Chhattisgarh

Yogesh @ Mangesh Vaidh Vs State of Chhattisgarh

Ishwardas Manikpuri Vs State of Chhattisgarh

Xyz (Juvenile Balak) Vs State of Chhattisgarh

Ramesh Kumar Kaiwart Vs State of Chhattisgarh

Shabbir Kuraishi Vs State of Chhattisgarh