Partly allowed

Akash Chauhan v. State of Chhattisgarh

Chhattisgarh HC17 Jun 2024MCRC/2931/2024

Case brief

AI extract

What is this about?

High Court of Chhattisgarh allowed the first bail application of an accused alleged of raping a minor causing pregnancy. The court emphasized the hostility of the prosecutrix and her mother in their depositions.

What did the court decide?

The application for grant of bail is allowed. The applicant is directed to be released on furnishing a personal bond for Rs.25,000/- with one surety for similar amount to the satisfaction of the conce

Akash Chauhan 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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MISC. CRIMINAL CASE NO. 2931 OF 20 24

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Akash Chauhan S/o Shri Kartik Ram Chauhan, aged about 25 years, R/o village Parsada, Police Station Mulmula, Civil and Revenue District Janjgir Champa, 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 Mulmula, Civil and Revenue District Janjgir Champa, Chhattisgarh.

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… Respondent

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For Applicant : Shri Paras Mani Shrivas, Advocate. For State : Smt. Priya Sharma, Panel Lawyer.

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Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board

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18.06.2024

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1. This is first bail application seeking for grant of bail to the Applicant who is in jail since 05.03.2024 in connection with Crime No.78/2024 registered at Police Station Mulmula, Distt. Janjgir Champa for the offence punishable under Sections 376, 506 IPC and Section 4 & 6 of Protection of Children from Sexual Offences Act.

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2. As per prosecution case, on a report made by the mother of the prosecutrix, an FIR was lodged against the applicant in which it has been alleged that on 06.02.2024 the applicant have taken the minor prosecutrix, aged about 16 years and 5 months, in an isolated place and have committed rape upon her. By the said act of the applicant, the prosecutrix got conceived.

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3. Learned Counsel for the applicant would submit that the applicant is innocent and have been falsely implicated in the case. The applicant is relative of the prosecutrix and due to family dispute false report has been made against him. The prosecutrix as well as her mother have been examined before the trial court as PW-1 & PW-2 and they have completely hostile and have not supported the case of the prosecution. The copies of deposition made by them have been annexed in the present bail application. The applicant is in jail since 05.03.2024 and therefore he may be released on bail as final adjudication may take sometime.

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4. On the other hand the counsel for the State opposes the bail application and submits that the applicant being a relative of the prosecutrix have sexually exploited her and with the act of the applicant she conceives pregnancy.

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5. Without commenting on merits, considering the totality of the facts and circumstances of the case, taking into consideration the nature of allegation, the relationship between the parties and also considering the deposition of prosecutrix and her mother in which they completely turned hostile and have not supported the case of the prosecution, this Court is of the opinion that present is a fit case where the Applicant can be enlarged on bail.

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6. Accordingly, the application for grant of bail is allowed. It is directed that the Applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety of the

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like sum to the satisfaction of the concerned Trial Court for his appearance on each date of hearing before the trial Court, unless exempted from personal appearance by the said Court.

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7. It is made clear that the observations made by this court is only restricted to the decision of bail application and shall not affect the merits of the case. The trial court is expected to decide the case on its own merit without being influenced by any of the observations made hereinabove.

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Sd/(Ravindra Kumar Agrawal) Judge

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inder

Akash Chauhan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Akash Chauhan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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