Allowed

Sanju Sahu v. State Of Chhattsgarh

Chhattisgarh HC1 Sept 2024MCRC/2217/2024

Case brief

AI extract

What is this about?

Second bail application under Section 439 CrPC in a case involving alleged sexual intercourse with a minor. The court noted the prosecutrix admitted a love relationship with the applicant, who is 21 years old and in custody since February 2023, and allowed bail on a personal bond of Rs.25,000 with one surety.

What did the court decide?

Applicant released on bail upon executing personal bond of Rs.25,000 with one surety of the like sum.

Sanju Sahu Vs State Of Chhattsgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2024)

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2024:CGHC:33603

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 2217 of 2024

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Sanju Sahu S/o Sitaram Sahu, Aged About 21 Years R/o Aurabandha, Police Station-Lalpur, District- Mungeli, Chhattisgarh.

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... Applicant.

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versus

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State Of Chhattsgarh Through Station House Officer, Police StationSirgitti, District- Bilaspur, Chhattisgarh.

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... State/Non-Applicant.

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For Applicant : Ms. Rashika Soni, Advocate. For State : Ms. Laxmeen Kashyap, PL.

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({Hon’ble Shri Justice Deepak Kumar Tiwari}) Order On Board

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02/09/2024

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This is the Second Bail Application filed under Section 439 Cr.P.C. for grant of bail to the applicant, who has been arrested in connection with Crime No.141/2023 registered at Police Station Sirgitti District Bilaspur,

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Chhattisgarh for the offence punishable under Sections 363, 376 of IPC and Sections 4, 6 of POCSO Act.

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Earlier bail application of the present applicant was dismissed as withdrawn with liberty to repeat the prayer after examination of the prosecutrix vide order dated 21.07.2023 passed in MCRC No.3787 of 2023.

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Case of prosecution in brief is that on 22.02.2023, victim’s mother lodged a written complaint alleging that present applicant has committed sexual intercourse with her daughter against her daughter’s will. Based on these allegations, aforesaid offences were registered against the applicant.

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Learned counsel for the applicant would submit that applicant is innocent and has been falsely implicated in the crime in question. She further submits that applicant is a young boy aged 21 years. Learned counsel further submits that prosecutrix has been examined and she has admitted that she was in love with the applicant. She further submits that the applicant is behind the bars since 24.02.2023; the prosecutrix herself, without informing her parents or any other family members, has left the house and joined the company of the present applicant, therefore, considering all the above aspects, applicant may be enlarged on bail.

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Per contra , Learned State counsel would oppose the bail application and would submit that prosecutrix and her mother raised objection for grant of bail to the applicant vide statement recorded on 30.07.2024.

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Having considered the submissions and particularly considering the statement of prosecutrix in which she admitted the love relation; also

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considering that the applicant is a young boy of 21 years and is behind the bars since 24.02.2023, therefore, without commenting anything on merits, I am inclined to grant bail to the applicant.

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Accordingly, application is allowed and it is directed that in the event of the applicant executing a personal bond for a sum of Rs.25,000/- with one surety of the like sum to the satisfaction of the concerned trial Court for his appearance before the concerned Court on each hearing, he be released on bail.

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Sd/-

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(Deepak Kumar Tiwari) Judge

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Avinash

Sanju Sahu v. State Of Chhattsgarh

Case brief

What is this about?

What did the court decide?

Sanju Sahu v. State Of Chhattsgarh

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

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