Allowed

Ramkumar Sarthi @ Dau v. State of Chhattisgarh

Chhattisgarh HC8 Dec 2024MCRC/5204/2024

Case brief

AI extract

What is this about?

Regular bail application under Section 483 BNSS for POCSO and IPC offences. Court noted prosecutrix married applicant, a child was born of the wedlock, key witnesses turned hostile, and long custody, and allowed bail on conditions.

What did the court decide?

Applicant released on bail on personal bond of Rs.25,000 with one like surety, subject to conditions including no inducement/threat to witnesses and appearance on all trial dates.

Ramkumar Sarthi @ Dau Vs State of… — Child Sexual Offences (POCSO) | Chhattisgarh HC (2024)

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2024:CGHC:48408

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 5204 of 2024

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1 - Ramkumar Sarthi @ Dau, S/o Jogiram Sarthi (wrongly mentioned as Jogiram Sathi), Aged About 31 Years, R/o Mohallah Nawadi, Village- Bhothiya, Jaijaipur, Revenue District- Sakti ( C.G.)

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... Applicant

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versus

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1 - State of Chhattisgarh Through- Station House Officer, Police Station- City Kotwali District- Raigarh ( C.G.).

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... Non-applicant

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For Applicant : Mr. Hari Agrawal, Advocate. For State/Non-applicant : Mr. Amandeep Singh, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board

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09-12-2024

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Heard on the application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 2006-2024 in connection with Crime No.260/2023 registered at P.S. - City Kotwali District- Raigarh (C.G.) for the offence under Section 363, 366, 376(2)(<) of the IPC and Section 4 & 6 of the Protection of Children from Sexual Offences Act, 2012 (in short ‘the POCSO Act’).

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The prosecution case is that on 29-03-2023 mother of the prosecutrix lodged a missing report that her minor daughter is missing since 25-03-2023 and her whereabouts could not be traced out. The police registered the offence under Section 363 of the IPC and started investigation. During the investigation when the prosecutrix came back to her mother’s house her mother took her

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Digitally signed by MOHAMMAD AADIL KHAN

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to police station and after recording of her statement other offences under Section 366, 376(2)(<) of the IPC and Section 4 & 6 of the POCSO Act have been added. The applicant has been arrested on 20-06-2024 and charge sheet has been filed.

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Learned counsel for the applicant would submit that the prosecutrix being a major girl having love affair with the applicant herself eloped with him on her own will. She has not made any objection and not made any complaint while they had gone to Jammu and both of them performed marriage at Jammu and resided as husband and wife and earned their livelihood. Out of their wedlock a male child has born. He would further submit that on 22-08-2024 the mother of the prosecutrix appeared before this Court and has submitted that the marriage between the applicant and the victim was solemnized and a male child was born from their wedlock. He would further submit that the prosecutrix and her mother have been examined before the learned trial Court as PW-1 and PW-2 and they have completely turned hostile and have not supported the prosecution case. The applicant is in jail since 20-06-2024 and final adjudication of the case will take its own time. Therefore, the applicant may be enlarged on bail.

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

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Considering the submissions made by the learned counsel for the parties, considering nature of allegation and the material collected during the investigation and further considering the fact that the prosecutrix and the applicant have also married and a male child has born from their wedlock and that the applicant is in jail since 20-06-2024, I am inclined to release the applicant on bail.

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

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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/her from disclosing such facts to the Court ;

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

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(iii) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial unless his personal presence is exempted by the trial Court.

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Sd/-

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(Ravindra Kumar Agrawal) Judge

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Aadil

Ramkumar Sarthi @ Dau v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ramkumar Sarthi @ Dau v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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