Pawan Kumar Miri Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2024)

Pawan Kumar Miri Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2024)

What the court decided

AI extract

Outcome

Regular bail granted; applicant to be released on furnishing a personal bond of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court, subject to conditions barring dissuasion of witnesses and prejudicial conduct and requiring appearance on every trial date unless exempted.

Issue for consideration

Whether the applicant, in custody since 13-05-2024 in Crime No. 48/2024 (offences under Sections 452, 376 IPC and Section 4 POCSO Act), should be granted regular bail.

Court's answer

Considering the submissions, the nature of allegation, the investigation material (no injury found on the prosecutrix's body), the applicant's custody since 13-05-2024 and the time final adjudication will take, and expressly without commenting on the merits, the Court was inclined to release the applicant on bail.

Ratio / Principle

The application for grant of regular bail is allowed; the applicant is directed to be released on bail.

Key takeaways

Release is conditional on furnishing a personal bond of Rs.25,000/- with one surety in the like sum, to the satisfaction of the concerned trial Court.ratio¶24
Bail is subject to conditions: (i) no direct or indirect inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade disclosure to the Court; (ii) no conduct prejudicial to fair and expeditious trial; and (iii) appearance before the trial Court on each and every date fixed until disposal of the trial unless personal presence is exempted by the trial Court.ratio¶25

Detailed headnote1 paragraphs

Chhattisgarh High Court (Bilaspur), MCRC No. 5421 of 2024, decided 19-11-2024 by Ravindra Kumar Agrawal, J. — First regular-bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 by the applicant, arrested 13-05-2024 in Crime No. 48/2024, P.S. Kartala, Dist. Korba, for offences under Sections 452, 376 IPC and Section 4 of the POCSO Act. Prosecution version: applicant entered the prosecutrix's house in an intoxicated state on 08-05-2024 and committed rape. Defence pleaded a consensual relationship discovered by the applicant's wife and the prosecutrix's failure to raise any alarm. Weighing the nature of allegation, investigation material showing no injury on the prosecutrix's body, custody since 13-05-2024 and the delay inherent in final adjudication, and expressly without commenting on merits, the Court allowed the application and ordered release on a personal bond of Rs.25,000/- with one surety in the like sum, subject to conditions of no inducement/threat/promise to persons acquainted with the case, no conduct prejudicial to a fair and expeditious trial, and attendance on every trial date until disposal unless exempted. Marked NAFR.

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2024:CGHC:45107

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRC No. 5421 of 2024

1 - Pawan Kumar Miri S/o Rajkumar Miri, Aged About 26 Years, R/o Ganiyari Bhathapara, P.S. Kartala, District Korba (C.G.)

... Applicant

versus

1 - State of Chhattisgarh Through P.S. Kartala, District- Korba (C.G.)

... Non-applicant

For Applicant : Mr. R.K. Jain and Ms. Kiran Jain, Advocates. For State/Non-applicant : Ms. Raashi Tiwari, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J.

Order on Board

19-11-2024

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 1305-2024 in connection with Crime No.48/2024 registered at P.S. - Kartala, District- Korba (C.G.) for the offence under Section 452, 376 of the IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (in short ‘the POCSO Act’).

The case of the prosecution that, on 09-05-2024 the prosecutrix lodged the report against the applicant that on 08-05-2024 at about 10:30 a.m. when she was drying her clothes in her courtyard the applicant came into her house in intoxicated condition and committed rape upon her. The FIR has been registered against the applicant under Section 452, 376 of the IPC and

Digitally signed by MOHAMMAD AADIL KHAN

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Section 4 of the POCSO Act. The applicant has been arrested on 13-05-2024 and the charge sheet has been filed.

Learned counsel for the applicant would submit that the applicant was having love affair with the prosecutrix and both of them were engaged in consensual physical relation. He would further submit that their relation was seen by wife of the applicant and she raised objection in their relation, then the applicant fled away from the place and the prosecutrix also went back to her house and on the next day she lodged the report. He would also submit that the prosecutrix has not raised any alarm when the applicant was allegedly committing rape upon her, but when his wife has seen them in compromising position she went back to her house and on the next day she lodged the report. Had she been forcefully subjected to sexual intercourse by the applicant she would have raised alarm immediately, but she did not do anything. The applicant is in jail since 13-05-2024 and final adjudication of the case will take its own time. Therefore, the applicant may be enlarged on bail.

On the other hand, learned counsel for the State opposes and has submitted that the applicant in intoxicated condition entered into the house of the prosecutrix and committed rape upon her for which the report has been lodged immediately and the offence has been registered against the applicant. Therefore, he is not entitled for bail.

Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, no injury has been found on the body of the prosecutrix, further that the applicant is in jail since 13-05-2024 and final adjudication of the case will take its own time, without commenting anything on merits of the case I am inclined to release the applicant on bail.

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

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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 conditions :-

(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 ;

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

(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.

Sd/-

(Ravindra Kumar Agrawal) Judge

Aadil