Allowed

Bindeshwar Agariya v. State of Chhattisgarh

Chhattisgarh HC22 Apr 2024MCRC/2355/2024

Case brief

AI extract

What is this about?

Single Judge order granting bail to applicant under Section 439 Cr.P.C., despite serious IPC and POCSO charges, based on victim's virtual appearance expressing no objection and absence of merit comment.

What did the court decide?

Bail granted to applicant on personal bond of Rs. 25,000 with one surety on conditions of regular court appearance and no tampering with prosecution witnesses.

Bindeshwar Agariya 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. 2355 of 2024

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Bindeshwar Agariya S/o Parshuram Aged About 28 Years R/o Village Karkali, Police Station Kusmi, District BalrampurRamanujganj, Chhattisgarh.

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------Applicant

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VERSUS

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State Of Chhattisgarh through – The Station House Officer, Police Station – Kusmi, District - Balrampur-Ramanujganj,(C.G.).

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------- Non-applicant

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For applicants : Mr. Jitendra Shukla, Advocate For Non-applicants-State : Mr. Karan Kumar Baharani, Panel Lawyer

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SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD

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23/04/2024

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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. 63/2023 registered at Police Station – Kusmi, District – Balrampur-Ramanujganj, Chhattisgarh for the offences punishable under Sections 363, 366, 376 (2) (n) of the Indian Penal Code, 1860 and under Sections 04 & 06 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

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Case of the prosecution is that, father of the victim lodged a report in the concerned police station alleging that his daughter is missing. Based upon which, initially, crime was registered for the alleged commission of offence under Section 363 of IPC. During the course of investigation, victim was recovered, her statement under Section 161 of Cr.P.C. was

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recorded and other offences were also added. Applicant was arrested on 02.09.2023.

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Learned counsel for the applicant submits that applicant is innocent, he has been falsely implicated in the instant crime, he has not committed any offence as alleged. He submits that there was love affair between the two, report was lodged only on the pressure of the father of the victim and on the date of incident, victim was more than 18 years of age. Hence, no offence as alleged would be made out. Therefore, he may be enlarged on regular bail.

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On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant and would submit that there is allegation of forceful sexual intercourse upon the victim, age of the victim is 16 years as per the school register.

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Pursuant to the notice issued by this Court, victim appeared before this Court through virtual mode from D.L.S.A. Balrampur-Ramanujganj and submits that she is having no objection in grant of bail to the applicant.

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I have heard learned counsel for the respective parties.

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Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties as also, period of pre-trial detention, without commenting anything on the merits of the case, I am inclined to allow this application for grant of bail.

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Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed and it is directed that applicant shall be

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released on bail on his furnishing a personal 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:

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

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

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(iii) If 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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Dey

Bindeshwar Agariya v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Bindeshwar Agariya v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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