Dismissed

Ghanshyam Nishad v. State of Chhattisgarh

Chhattisgarh HC13 Feb 2024MCRC/296/2024

Case brief

AI extract

What is this about?

This Order on Board dismissed the first bail application filed under Section 439 CrPC. The High Court rejected the petition considering the serious nature of allegations, including offenses under IPC and POCSO Act, and the victim's age being less than sixteen years at the time of the incident.

What did the court decide?

Application for regular bail under Section 439 CrPC was dismissed.

Ghanshyam Nishad Vs State of Chhattisgarh — Dowry and Cruelty | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 296 of 2024

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Ghanshyam Nishad S/o Budhram Aged About 19 Years R/o Village Kamta, Police Station Simga, District : Balodabazar-Bhathapara, Chhattisgarh.

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---- Applicant

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Versus

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State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Simga, District : Balodabazar-Bhathapara, Chhattisgarh.

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---- Non-Applicant

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For Applicant : Mr. Anil Gulati, Advocate For State : Ms. Nandkumari Kashyap, Panel Lawyer

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Hon'ble Shri Justice Parth Prateem Sahu

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Order On Board

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14/02/2024

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Applicant has filed this first bail application under Section 439 of CrPC for grant of regular bail as he was arrested in connection with Crime No. 361 of 2023 registered at Police Station Simga, District – Balodabazar-Bhatapara (C.G.) for offence punishable under Section 363, 366, 376 of I.P.C. & Section 4 & 6 of POCSO Act, 2012.

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Case of the prosecution is that, on 19.11.2023 at about 05:30 pm victim left her house and did not returned. She was searched by her parents at nearby places and when she was not traced report was lodged to the concerned Police Station. Based upon which initially crime was registered against unknown person under Section 363 of I.P.C.. During course of investigation, victim was recovered from possession of applicant and after recording her statement under Section 161 of Cr.P.C, other offences were registered against applicant and he was arrested

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on 28.11.2023.

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Pursuant to notice issued by this Court, father of victim appeared before this Court through virtual mode from DLSA BalodabazarBhatapara and he raised objection in grant of bail to applicant.

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Learned counsel for applicant submits that applicant has been falsely implicated in the aforementioned crime, he has not committed any offence of any nature as alleged. Applicant is in jail since 28.11.2023, hence he may be enlarged on bail.

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Learned State counsel opposes the submission made by learned counsel for applicant and submits that serious allegations have been levelled by victim against applicant of establishing physical relation with victim on many occasions. In support of her contention, she read over the statement of victim recorded under Section 161 of Cr.P.C.. Upon asking the age of victim, she submits that age of victim was less than 16 years on the date of incident.

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I have heard learned counsel for the parties and also perused the documents enclosed with bail application.

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Taking into consideration facts and circumstances of the case, nature of allegation and age of victim on the date of incident to be less than 16 years as stated by learned State counsel, I do not find present to be a fit case to enlarge the applicant on bail.

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Accordingly, the bail application is dismissed.

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Sd/(Parth Prateem Sahu) Judge

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Shayna

Ghanshyam Nishad v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ghanshyam Nishad v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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