Allowed

Vishnu Ram @ Sonu v. State of Chhattisgarh

Chhattisgarh HC11 Dec 2024MCRC/4866/2024

Case brief

AI extract

What is this about?

Regular bail application under Section 439 CrPC in a POCSO and IPC case arising from an alleged elopement with a minor prosecutrix. The court noted the applicant's prolonged custody since 01.02.2022 and that only seven witnesses had been examined, and allowed bail subject to conditions including a personal bond of Rs. 25,000.

What did the court decide?

Applicant released on bail on personal bond of Rs. 25,000 with one surety, subject to conditions against inducement/threat to witnesses, prejudicing the trial, and appearance before the trial court.

Vishnu Ram @ Sonu Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2024)

1 / 3

2024:CGHC:49158

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

MCRC No. 4866 of 2024

¶6

Vishnu Ram @ Sonu S/o Shri Ranjan Ram Aged About 22 Years R/o Village Baghima Niche Basti, Ps Jashpur, District- Jashpur, Chhattisgarh

¶7

... Applicant

¶8

versus

¶9

State Of Chhattisgarh Through S.H.O. Ps Jashpur, District Jashpur (Chhattisgarh)

¶10

... Respondent

¶11

(Cause title taken from Case Information System)

¶12

For Applicant : Mr. Vikhyat Arora, Advocate For Respondent/State : Mr. Soumitra Kesharwani, Panel Lawyer

¶13

Hon'ble Shri Justice Ravindra Kumar Agrawal

¶14

Order on Board

¶15

12/12/2024

¶16

VEDPRAKASH DEWANGAN Digitally signed byVEDPRAKASH DEWANGAN Date: 2024.12.13 19:27:41 +0530

¶17

This is the first bail application filed by the applicant under Section 439 of Code of Criminal Procedure for grant of regular bail. The applicant has been arrested in connection with Crime No. 254 of 2021, registered at Police Station Jashpur, District Jashpur, Chhattisgarh for the offence under Sections 363, 366-A and 376(3) of IPC and Section 5(L)(j)(ii) read with Section 6 of Protection of Children from Sexual Offences Act, 2012 .

¶18

2 / 3

¶19

The case of prosecution in brief is that, on 27.10.2021, the father of the prosecutrix lodged a missing report that his minor daughter is missing since 26.10.2021 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 01.02.2022 from the possession of the applicant and after recording her statement, the other offences of Sections 366-A and 376(3) of IPC and Section 5(L)(j)(ii) read with Section 6 of POCSO Act have been added. The applicant has been arrested on 01.02.2022 and charge sheet has been filed.

¶20

Learned counsel for the applicant would submit that there is no cogent evidence with respect to the age of the prosecutrix. She being a major girl having love affair with the applicant and she herself eloped with him and has engaged making consensual physical relation with him. She has not raised any objection and has not made any complaint, when she was being taken by the applicant as well as when she was being subjected to sexual intercourse by the applicant. The applicant is in jail since 01.02.2022 and till date only seven witnesses have been examined. Therefore, there is possibility of delay in conclusion of the trial and the applicant may be released on bail

¶21

On the other hand, learned counsel for the State opposes.

¶22

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

¶23

Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, further that the applicant is in jail since 01.02.2022

¶24

3 / 3

¶25

and till date only seven witnesses have been examined and the trial of the case will take its own time. I am inclined to release the applicant on bail.

¶26

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

¶27

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:-

¶28

(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.

¶29

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

¶30

(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.

¶31

Sd/(Ravindra Kumar Agrawal) Judge

¶32

ved

Vishnu Ram @ Sonu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Vishnu Ram @ Sonu 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

Coram

Case details

Similar cases

Khusboo Nayak Vs Ghanshyama Patel

V. v. Raman Patnayak Vs Smt. v. Gayatri Raman Patnayak

Rajendra Khairwar Vs State Of Chhattisgarh

Mohamed Abdul Firoz Vs Smt. Rubina Shabnam

Nikhil Gurung Vs State of Chhattisgarh

Sanjay Dewangan, Vs State of Chhattisgarh