Allowed

Kishor Banjare v. State of Chhattisgarh

Chhattisgarh HC25 Nov 2024MCRC/4322/2024

Case brief

AI extract

What is this about?

Regular bail application in a POCSO and kidnapping case where the applicant was alleged to have taken away a minor girl and sexually exploited her. The court considered the nature of allegations, the prosecutrix's age and her Section 164 statement, found the application fit to be allowed, and granted bail with conditions.

What did the court decide?

Applicant directed to be released on bail on furnishing personal bond of Rs. 25,000/- with one surety in like sum, subject to three conditions.

Kishor Banjare Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2024)

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2024:CGHC:46467

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 4322 of 2024

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Kishor Banjare S/o Late Shri Sakalu Banjare Aged About 24 Years R/o Moti Sagar Para, Ward No. 07, Korba, Police Station City Kotwali, District- Korba ( C.G.). ( As Per Charge Sheet).

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... Applicant

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versus

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State Of Chhattisgarh Through- The Station House Officer, Police Station Sarsinva, District- Sarangarh- Bilaigarh ( C.G.).

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... Respondent

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(Cause title taken from Case Information System)

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For Applicant : Mr. Shikhar Sharma, Advocate For Respondent/State : Ms. Rashi Tiwari, Panel Lawyer

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Hon'ble Shri Justice Ravindra Kumar Agrawal

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Order on Board

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26/11/2024

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This is the first bail application filed by the applicant under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail. The applicant has been arrested in connection with Crime No. 372 of 2023 registered at Police Station Sarsinva, District SarangarhBilaigarh, Chhattisgarh for the offence under Sections 363, 366, 376(2)(n) of Indian Penal Code and Section 6 of Protection of Children from Sexual Offences Act, 2012 .

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VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASHDEWANGAN Date: 2024.11.27 19:06:24 +0530

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The case of prosecution in brief is that, on 11.09.2023, the mother of the prosecutrix lodged a missing report that her minor daughter is missing since 02.09.2023 and her whereabouts could not be traced out. The police has registered the offence under Section 363 of IPC and started investigation. During the investigation, the prosecutrix was recovered on 23.09.2023 from the possession of the applicant and after recording her statement, the offences under Sections 366, 376(2)(n) of IPC and Section 6 of POCSO Act have been added. The applicant has been arrested on 23.09.2023 and charge sheet has been filed.

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Learned counsel for the applicant would submit that there is no cogent evidence with respect to the age of the prosecutrix. She being the major girl having love affair with the applicant and she herself eloped with him without raising any objection and engaged in making consensual physical relation with him. The applicant is in jail since 23.09.2023 and final adjudication of the case will take its own time. Therefore, he may be enlarged on bail.

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On the other hand, learned counsel for the State opposes and has submitted that as per the material collected during the investigation, the prosecutrix appears to be minor on the date of incident and she was sexually exploited by the applicant. Therefore, he is not entitled for bail.

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I have heard learned counsel for the parties and perused the documents annexed with the application.

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Considering the submissions made by the learned counsel for the parties, considering the nature of allegations and material collected during the investigation, further the age of the prosecutrix and her 164 CrPC statement, I am inclined to release the applicant on bail.

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Consequently, the present application filed by the applicant for grant of regular bail is hereby allowed .

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It is directed that the 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 the satisfaction of the concerned Trial Court, on following conditions:-

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(i) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court.

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(ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial.

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(iii) He shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial.

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Sd/(Ravindra Kumar Agrawal) Judge

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ved

Kishor Banjare v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Kishor Banjare v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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