Allowed

Ganesh Das Manikpuri v. State of Chhattisgarh

Chhattisgarh HC12 Feb 2024MCRC/291/2024

Case brief

AI extract

What is this about?

This single judge order grants bail to an applicant arrested for offenses under IPC 363, 366, 376(2)(n) and POCSO. The court allowed the application on the condition of personal bond, noting the applicant's innocence plea and the victim's age, without adjudicating merits.

What did the court decide?

Released on bail by furnishing a personal bond of Rs. 25,000/- and one surety in like amount.

Ganesh Das Manikpuri 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. 291 of 2024

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Ganesh Das Manikpuri S/o Kejudas Manikpuri Aged About 23 Years, R/o Halbapara Vishrampuri, P.S.- Charama, District- Uttar Bastar Kanker, Chhattisgarh. .

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------Applicants

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VERSUS

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State Of Chhattisgarh through – The Station House Officer, Police Station - Charama, District - Uttar Baster Kanker (C.G.).

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-------Non-applicants

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For applicants : Mr. Sandeep Shrivastava, Advocate along with Mr. Rakesh Kumar Manikpuri, Advocate For Non-applicants-State : Ms. Shubha Shrivastava, Panel Lawyer.

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

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13/02/2024

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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. 114/2023 registered at Police Station – Charama, District – Uttar Bastar Kanker, Chhattisgarh for the offences punishable under Sections 363, 366, 376 (2) (n) of the Indian Penal Code, 1860 and under Section 06 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and under Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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Case of the prosecution is that, applicant abducted the victim and thereafter, committed sexual intercourse with her. Based on missing report, initally, crime was registered for the offence punishable under Sections 363 of I.P.C. During the course of investigation, victim was recovered and after recording her statement under Section 161 of Cr.P.C., other offences were added

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and applicant was arrested.

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Learned counsel for the applicant submits that applicant is innocent, he has been falsely implicated in the instant case and he has not committed any offence as alleged. He submits that victim has now been examined before the learned Trial Court and she has not leveled any allegation of commission of sexual intercourse with her. Hence, 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 allegations are leveled against the applicant in the statement of the victim recorded under Section 161 of Cr.P.C. However, upon asking, she submits that submission of the counsel for the applicant based on deposition of the victim before the learned Trial Court is subject matter of appreciation by the Learned Trial Court.

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I have heard learned counsel for the respective parties.

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Taking in consideration the facts and circumstances of the case, nature of allegations, submission of counsel for the respective parties in particular, submission of counsel for the applicant based on the deposition of the victim, age of the victim to be 17 years and 09 months, without commenting 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 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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