Ashvin Tirkey v. State of Chhattisgarh

Chhattisgarh HC5 Nov 2024MCRC/5848/2024

Case brief

AI extract

What is this about?

Chhattisgarh High Court (Bilaspur) allows regular bail - MCRC 5848/2024 - Ashvin Tirkey accused under Ss. 354, 354(d) IPC and Ss. 7, 8 POCSO Act, Crime No. 22 of 2024, P.S. Kunkuri, District Jashpur (alleged attempt at forcible sexual intercourse with a minor on 02.02.2024); in custody since 03.02.2024, charge sheet filed, victim later committed suicide, father did not appear despite notice; release ordered on Rs. 25,000/- personal bond with one surety; bail application under S. 483 BNSS, 2023.

What did the court decide?

Release on regular bail on executing a personal bond for Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Trial Court; applicant to appear before the Trial Court on each and every date given by the said court. ¶¶23

Ashvin Tirkey Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant, in custody since 03.02.2024 in Crime No. 22 of 2024 (offences under Sections 354, 354(d) IPC and Sections 7, 8 POCSO Act), should be granted his first regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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Court's answer

Weighing the material in the case diary, the fact that the victim committed suicide later on, the notice served on the victim's father who chose not to appear before the Court, the maximum sentence of three years, the applicant's detention of about 9 months, the filing of the charge sheet and the likelihood that the trial may take some time for final disposal, the Court was inclined to allow the bail application.

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Ratio / Principle

The bail application was accordingly allowed and the applicant was ordered to be released on bail on executing a personal bond for Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Trial Court, and shall thereafter appear before the Trial Court on each and every date given by it.

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Detailed headnote1 paragraphs

Regular bail under Section 483 BNSS, 2023 granted - MCRC No. 5848 of 2024, High Court of Chhattisgarh at Bilaspur (J. Narendra Kumar Vyas), decided 06.11.2024. Applicant Ashvin Tirkey sought his first regular bail in Crime No. 22 of 2024, P.S. Kunkuri, District Jashpur, for offences under Sections 354 and 354(d) IPC and Sections 7 and 8 POCSO Act, arising out of the alleged attempt to forcibly commit sexual intercourse with a minor on 02.02.2024. Applicant in custody since 03.02.2024 (about 9 months); charge sheet filed. Considering the case-diary material, the victim's subsequent suicide, the notice served on the victim's father who chose not to appear, the three-year statutory maximum under Section 354 IPC, the custody already undergone and the time the trial may take, the Court allowed the application and directed release on a Rs. 25,000/- personal bond with one like surety, subject to appearance before the Trial Court on each and every date fixed by it.

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2024:CGHC:43210

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 5848 of 2024

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Ashvin Tirkey S/o Blasiyous Tirkey Aged About 29 Years R/o Village - Judwin, Out Post - Dokda, Police Station And Tahsil Kansabel, District Jashpur (C.G.)

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... Applicant

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versus

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State Of Chhattisgarh Through Station House Officer, Police Of Police Station - Kunkuri, District Dhamtari (C.G.)

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... Respondent

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---------------------------------------------------------------------------------------------------For the Applicant : Mr. Sanjeev Kumar Sahu, Advocate For the State : Ms. Avalin Gambhir, PL for the

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Hon'ble Shri Justice Narendra Kumar Vyas Order on Board

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06.11.2024

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Digitally SANTOSH signed bySANTOSHKUMAR KUMAR SHARMA SHARMA Date:2024.11.07 10:46:14 +0530

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The applicant has preferred the first bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in connection with Crime No. 22 of 2024 registered at Police Station- Kunkuri, District Jashpur (C.G.) for the offence punishable under Sections 354,354(d) of the IPC, 7 and 8 of POCSO Act.

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Case of the prosecution, in brief, is that on 02.02.2024 at about 8.00 PM, the applicant committed attempt to forcibly sexual intercourse with minor thereafter she called her elder sister then the applicant run away from there. Subsequently, FIR under Sections 354Sections 354,354(d) of the IPC, 7 and 8 of POCSO Act.

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Learned counsel for the applicant would submit that the applicant is innocent and she has been falsely implicated in the case. He would further submit that the applicant is in jail since 03.02.2024 more than 9 months has already been lapsed and maximum sentence awarded to the applicant for three years under Section 354 of the IPC, charge sheet has been filed and would pray for releasing him on regular bail.

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On the other hand, counsel for the State opposes the bail application.

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I have heard learned counsel for the parties and perused the case diary.

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Considering the material available in the case diary and the fact that the victim has committed suicide later on and the notice was served on the father of the victim but he has chosen not to appear before this Court, further considering the fact that maximum sentence of three years has been awarded to the applicant and he has already remained in jail about 9 months, charge sheet has been filed and trial may take some time for final disposal, I am inclined to allow this bail application.

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Accordingly, the bail application filed by applicant is allowed. It is ordered that the applicant shall be released on bail on his executing

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Page 3 of 3

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a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Trial Court. The applicant shall thereafter appear before the Trial Court on each and every date given by the said court.

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Sd/- (Narendra Kumar Vyas) Judge

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Santosh

Ashvin Tirkey v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ashvin Tirkey v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Parties & counsel

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