Allowed

Ravishankar Khairwar, v. State of Chhattisgarh

Chhattisgarh HC25 Nov 2024MCRC/5569/2024

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh rejected the prosecution's objection and granted bail to the applicant, Ravishankar Khairwar, charged with sexual exploitation of a minor under POCSO and IPC Section 376. The court ordered his release on a personal bond with conditions to ensure fair trial.

What did the court decide?

Bail application allowed; applicant released on executing a personal bond of Rs. 25,000/- with one surety of like sum and abiding by conditions.

Ravishankar Khairwar, Vs State of… — Child Sexual Offences (POCSO) | Chhattisgarh HC (2024)

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2024:CGHC:46376

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 5569 of 2024

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Ravishankar Khairwar, S/o. Jamuna Prasad Khairwar Aged About 24 Years R/o. Thihaitola (Beljhiriya) Police Station - Marvahi, District - Gaurela-Pendra-Marvahi (C.G.)

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... Applicant

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versus

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State Of Chhattisgarh Through - Sho, Police Station - Marvahi, District - GaurelaPendra-Marvahi (C.G.) ... Respondent

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(Cause title is taken from the CIS)

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For Applicant	: Shri VA Goverdhan, Advocate
For Respondent/State	: Shri TS Sahu, PL

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Hon'ble Shri Justice Ravindra Kumar Agrawal

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Order on Board

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26.11.2024

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Pursuant to order dated 06.11.2024, prosecutrix appeared through virtual mode from DLSA Marvahi, and raised objection in granting bail to the applicant. Her objection is taken on record.

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Heard on the application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS, 2023). This is the first bail application before this Court filed by the applicant for grant of regular bail.

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The applicant was arrested on 10.05.2024 in connection with Crime No.117 of 2024 registered at PS- Marvahi, District- Gaurela-Pendra-Marwahi, Chhattisgarh for the offence punishable under Sections 376(2)(n) of the IPC,

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Mcrc 5569 of 2024

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and Sections 4, and 6 of the Protection of Children from Sexual Offences Act, 2012.

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Case of the prosecution in brief is that on 26.04.2024, father of the prosecutrix has lodged report against the applicant that his minor daughter was sexually exploited by the applicant since 26.04.2021 till the date of lodging of the report. When their relationship came into knowledge of her parents, they objected and when the prosecutrix was about to lodge a report on parents of the applicant, they stopped them, and gave them assurance that they will perform their marriage. When the applicant was performing marriage with another girl on 25.04.2024 report has been lodged. The offence has been registered against the applicant, he was arrested on 10.05.2024, and chargesheet has been filed.

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Learned counsel for the applicant would submit that there is no cogent evidence with respect to age of the prosecutrix, that she was minor on the date of incident, she herself eloped with applicant on her own will, and established physical relation with him, which continued up to 26.04.2024, i.e up to the date of lodging the report. Applicant is in jail since 26.04.2024 and final adjudication of the case will take its own time. Hence, the applicant may be enlarged on bail.

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On the other hand, learned State counsel opposes the bail application, and would submit that from the material collected during the investigation, prosecutrix appears to be minor, and was subjected to sexual exploitation by the applicant. Hence applicant is not entitled for bail.

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Mcrc 5569 of 2024

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Considering the submissions made by learned counsel for the parties, also considering the nature of allegations, material collected by the prosecution during investigation, further that the length of relationship between the prosecutrix and the applicant, applicant is in jail since 10.05.2024, and final adjudication of the case would take some time, without commenting anything on merits of the case, I am inclined to release the applicant on bail.

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Accordingly, the bail application filed by the applicant- Ravishankar Khairwar, s/o Jamuna Prasad Khairwar, is allowed and he shall be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety of the like sum to the satisfaction of the concerned trial Court. Applicant shall also abide by the following conditions:

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i. that the applicant 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 facts to the Court or to any Police Officer;

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ii. that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial.

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iii. that the applicant shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial unless exempted.

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Certified copy as per rules.

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Sd/-

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(Ravindra Kumar Agrawal) JUDGE

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padma

Ravishankar Khairwar, v. State of Chhattisgarh

Case brief

What is this about?

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Ravishankar Khairwar, v. State of Chhattisgarh

Case brief

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