Disposed

Preetam Suryavanshi v. State of Chhattisgarh

Chhattisgarh HC6 Nov 2024MCRC/4646/2024

Case brief

AI extract

What is this about?

Bail application by two accused in a kidnapping and gang-rape case where prosecution evidence was complete but a co-accused remained untraced. The court did not decide bail; instead it directed the trial court to conclude the trial and pass judgment within six weeks against the applicants, leaving the case open for the absconding accused.

What the court decided

AI extract

Preetam Suryavanshi Vs State of… — Child Sexual Offences (POCSO) | Chhattisgarh HC (2024)

1 / 3

2024:CGHC:43416

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

MCRC No. 4646 of 2024

¶6

Preetam Suryavanshi S/o Karamchand Suryavanshi Aged About 23 Years R/o Village Darri, Thana Pamgarh, District - Janjgir-Champa, Chhattisgarh.

¶7

Arvind Kumar Suryavanshi S/o Lambodar Suryavanshi Aged About 20 Years R/o Village Bhadesar, Thana Pamgarh, District - Janjgir-Champa, Chhattisgarh.

¶8

... Applicants.

¶9

versus

¶10

State Of Chhattisgarh Through Police Station - Jaijaipur, District - Sakti, Chhattisgarh.

¶11

... Respondent

¶12

For applicants.	: Mr. Vikas Kumar Pandey, Advocate.
For Respondent/State.	: Mrs. Avelin Juneja Gambhir, Panel Lawyer

¶13

(Hon’ble Mr. Justice Narendra Kumar Vyas)

¶14

Order on Board

¶15

07/11/2024

¶16

The applicants have preferred this first bail application under Section 439 of Cr.P.C., for grant of regular bail as they have been arrested on 10-01-2024 in connection with Crime No. 04 of 2024 registered at Police Station – Jaijaipur, District Sakti (CG) for alleged commission of offences under

¶17

2 / 3

¶18

Sections 363, 365, 376(2)(n), 376 366, 376 (d) , 325 of IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

¶19

The case of the prosecution, in brief, is that the grand mother of the victim lodged the missing report in Police Station Jaijaipur stating therein that on 9-1-2024 at about 6.30 two accused persons kidnapped the victim on motor cycle coming from village Dataud near bus stand as she was returning home after seeing mela function. On the basis of the report lodged by the complainant, Police have registered the FIR against unknown persons under Sections 363 of IPC and after investigation victim has been recovered and her statement has been recorded and thereafter Police further added offence under Sections 365, 376(2)(n), 376 366, 376 (d) , 325 of IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 against the applicants.

¶20

This bail petition has been filed on the count that prosecution has completed its evidence but during evidence one Lata Sharma was also arrayed as accused in this case. Despite issuance of warrant and various steps have been taken by the prosecution for securing her presence, she has not turned up. Even this Court has called upon , Mr. Jeetendra Daushle, Town Inspector/Investigating Officer, Police Station Jaijaipur, District Sakti and in pursuance of the direction given by this Court he has appeared before this Court and stated that he searched the bank account of proposed accused Lata Sharma but no details were available in the account.

¶21

Considering the aforesaid submission, the present MCRC is disposed of directing the learned trial Court to proceed further in the trial including the final judgment also within a period of six weeks from today as according to learned counsel for the applicants, entire evidence has already been recorded and if no further evidence is required, the trial Court may proceed with the trial and may pass the final judgment also leaving the case open for other accused Lata Sharma who will be declared absconder and the trial

¶22

3 / 3

¶23

against her will continue after only she is arrested and produced before the concerned trial Court.

¶24

The Superintendent of Police, District Sakti is directed to take steps to arrest and produce the accused Lata Sharma before the concerned trial Court.

¶25

With the aforesaid observation and direction, this MCRC is disposed of.

¶26

RAVVA SATYANARAYANA RAJU

¶27

Sd/-

¶28

(Narendra Kumar Vyas)

¶29

Digitally signed by RAVVA SATYANARAYANA RAJU Date: 2024.11.11 10:40:02 +0530

¶30

JUDGE

¶31

Raju

Preetam Suryavanshi v. State of Chhattisgarh

Case brief

What is this about?

What the court decided

Preetam Suryavanshi v. State of Chhattisgarh

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Prabhat Kumar Vs Digesh Patel

Ashvin Tirkey Vs State of Chhattisgarh

Dr. Stanislas Lakda Vs Shri Manoj Kumar Pingua

Sanjay Kumar Sahu Vs Shri P. Dayanand

Gitesh Banjare Vs Smt. Sushma Banjare

Smt. Renuka Patil Vs Harish Patil