Allowed

Angesh Rai v. State of Chhattisgarh

Chhattisgarh HC13 Oct 2024MCRC/6779/2024

Case brief

AI extract

What is this about?

High Court Grant of regular bail to applicant arrested under IPC and POCSO Act. Court allowed bail noting victim's age and pending investigation, directing release on ₹25,000 bond with strict attendance conditions.

What did the court decide?

Release on regular bail by furnishing bond of ₹25,000 with one surety in same amount, subject to strict conditions regarding trial attendance.

Angesh Rai Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2024)

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2024:CGHC:40267

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 6779 of 2024

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Angesh Rai S/o Shiv Prasad Saroj Aged About 18 Years R/o Village - Kurudia, Post - Panwara, Tahsil - Machali Sahay, District Jhonpur, P.S. - Maheshganj, Uttar Pradesh. Current Address - Village - Shivdaspur, House of Brijesh Patel, Banaras, P.S. - Kapsethi Uttar Pradesh.

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... Applicant

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VERSUS

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State of Chhattisgarh through Officer In Charge Police Station, Kabir Nagar, District Raipur, Chhattisgarh.

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... Respondent

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For Applicant : Mr. Prahalad Panda, Advocate For Respondent- : Mr. Rishabh Bisen, Panel Lawyer State For Complainant : Mrs. Prabha Sharma, Advocate

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Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD

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14/10/2024

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Applicant has filed this third bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 134/2023 registered at Police Station – Kabir Nagar, District Raipur (C.G.) for offence punishable under Sections 363, 366, 376, 376(2)(n) of IPC and Sections 4, 6 of the POCSO Act.

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Pursuant to the notice issued by this Court, Ms. Kavita Sandhu, Advocate on behalf of complainant/ victim appeared before this Court through virtual mode from DLSA, Raipur. She submits that as per her instruction, complainant/ victim is having no objection in grant of bail to applicant.

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Digitally PAWANKUMAR signedby 3. PAWAN JHA KUMAR JHA

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Case of prosecution in brief is that mother of victim/ complainant lodged report in the concerned police station on 04.07.2023 stating that her

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daughter was missing since 30.06.2023. Based on the report, initially crime was registered for alleged commission of crime under Section 363 of IPC against unknown person. During course of investigation, victim was recovered and based on her statement recorded under Section 161 of CrPC, other offence were also added and applicant was also arrested on 18.07.2023.

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Learned counsel for applicant submits that there was love affair between applicant and the victim. Victim herself accompanied with applicant. Applicant was not aware with respect to age of victim on the date of incident. He submits that the investigating agency collected only admission register which in absence of specific evidence of the witnesses cannot be stated to be a conclusive proof of age. Victim was a major girl. He also submits that applicant is in jail since about 1 year 3 month and till July 2024 only three witnesses were examined, last witness examined was on 21.08.2024. There are as many as 19 enlisted witnesses in the charge-sheet. Trial may take some time, hence, applicant may be granted benefit of bail.

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Learned State counsel opposes the submission of learned counsel for applicant and further submits that in the statement serious allegations have been levelled against applicant. On the date of incident, victim was aged about 16 years 11 months, as per school admission register.

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I have heard learned counsel for the parties.

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Considering entirety of the facts and circumstances of the case, nature of allegation, as also the fact that applicant is in jail since 1 year 3 months and out of 19 enlisted witnesses only 03 witnesses have been examined till August 2024, trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application.

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Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of

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₹ 25,000/- with one surety in the like sum to the satisfaction of the Court

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on the conditions that-

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(a) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(b) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita.

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(c) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita.

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(d) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Office is directed to send a certified copy of this order to the trial Court

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concerned for necessary information and compliance forthwith.

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Certified copy as per rules.

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Sd/-

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( Parth Prateem Sahu ) JUDGE

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pwn

Angesh Rai v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Angesh Rai v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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