Allowed

Rohit Das Manikpuri v. State of Chhattisgarh

Chhattisgarh HC19 Aug 2024MCRC/4733/2024

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed the third bail application of the petitioner, who had been arrested for offences under Sections 363, 366, 376(2)(n) IPC and Sections 5(l) and 6 POCSO Act. The Court considered the statement of the victim, the pre-trial detention, and the nature of allegations before granting bail subject to conditions.

What did the court decide?

Bail granted upon furnishing personal bond of Rs.25,000/- with one surety in like amount.

Rohit Das Manikpuri Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2024)

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2024:CGHC:31327

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 4733 of 2024

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Rohit Das Manikpuri S/o Sondas Manikpuri, Aged About 20 Years, R/o Village Kasaniya, Thana Katghora, District Korba Chhattisgarh

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... Petitioners

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versus

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State Of Chhattisgarh Through Chowki Belgahna, Thana Kota, District Bilaspur Chhattisgarh

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... Respondents

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For Petitioner : Mr. Ritesh Giri, Advocate on behalf of Mr. Vikas Kumar Pandey, Advocate For Respondent : Mr. Sachidanand Yadav, Panel Lawyer for the State.

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SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari

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Order On Board

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20/08/2024

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Heard.

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Digitally signed SHYNA by SHYNA AJAY Date: AJAY 2024.08.2015:12:08 +0530

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This is the third application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.293 of 2023 registered at Police Station, Kota District Bilaspur (CG) for the

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offence punishable under Sections 363, 366, 376(2)(n) of the IPC and Sections 5(l) and Section 6 of the POCSO Act.

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The first bail application of the applicant was dismissed on merits vide order dated 24.7.2023 passed in MCRC No.3384/2023, with liberty to revive the prayer for bail after examination of the prosecutrix and the second application of the applicant was dismissed as withdrawn vide order dated 3.11.2023 passed in MCRC No.7676 of 2023.

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Case of the prosecution, in brief, is that the prosecutrix went missing, as a result, missing report was lodged with the concerned Police Station. It is alleged that on the pretext of marriage, the applicant allured the minor prosecutrix, abducted her and developed physical relations with her several times.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He submits that the prosecutrix was having a love affair with the applicant, who is a young boy aged about 20 years and is in jail since 3.4.2023. He further submits that the conclusion of trial is likely to take considerable time, therefore, considering all the aspects of the matter, the applicant may be enlarged on bail.

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On the other hand, learned counsel for the State opposes the bail application. On 6.8.2024, the prosecutrix had appeared along with her mother and raised objection with regard to grant of bail to the applicant.

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Considering the facts and circumstances of the case and also considering the statement of the victim and further considering the backdrop of the case and also the pre-trial detention of the

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applicant and lastly considering all the aspects of the matter, this Court is inclined to release the applicant on bail.

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Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

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Certified copy as per rules. Sd/-

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(Deepak Kumar Tiwari)

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Judge

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Shyna

Rohit Das Manikpuri v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Rohit Das Manikpuri v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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