Gautam Rathia Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2025)

Gautam Rathia Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Release of the applicant on bail on execution of a personal bond of Rs.25,000/- with one surety for the like amount to the satisfaction of the trial Court; applicant directed to appear before the trial Court on each and every date given by it.

Issue for consideration

Whether the applicant, arrested in Crime No.5/2023 (P.S. Punjipathra, Dist. Raigarh) for alleged sexual exploitation of a minor prosecutrix under Sections 363, 366 & 376 IPC and Sections 4 & 6 POCSO Act, 2012, should be released on bail in this, his second, bail application.

Court's answer

Taking into account counsel's submissions and the prosecutrix's categorical admission that she likes the applicant and that both of them married in a temple, together with the length of pre-trial detention and the likelihood that conclusion of trial will take considerable time, the Court, without further commenting on the merits, found itself inclined to release the applicant on bail.

Ratio / Principle

Application allowed: the applicant is to be released on bail on executing a personal bond of Rs.25,000/- with one surety for the like amount to the satisfaction of the trial Court, and is directed to appear before the trial Court on each and every date given by it.

Detailed headnote1 paragraphs

Bail granted — second application. High Court of Chhattisgarh at Bilaspur (Deepak Kumar Tiwari, J.), by order dated 20/03/2025 in MCRC No. 1655 of 2025, allowed the bail application of Gautam Rathia (~20 years), arrested in connection with Crime No.5/2023 of P.S. Punjipathra, Dist. Raigarh, registered for alleged sexual exploitation of a minor prosecutrix under Sections 363, 366 & 376 IPC and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012. An earlier bail application had been rejected on merits on 7.8.2023 in MCRC No.3090/2023. Counsel for the applicant urged innocence, asserted love relations culminating in a temple marriage, stated the prosecutrix had attained majority and was under parental pressure, and noted detention since 26.2.2023. Though the prosecutrix appeared with her father through VC from DLSA, Raigarh and opposed bail, the Court relied on her categorical admission in the recorded statement that she likes the applicant and that both married in a temple, the length of pre-trial detention, and the likelihood that the trial would take considerable time; expressly refraining from comment on the merits, it ordered release on a personal bond of Rs.25,000/- with one surety of the like amount, with an undertaking to appear on every date fixed by the trial Court.

1

2025:CGHC:13274

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRC No. 1655 of 2025

1 - Gautam Rathia S/o Shyam Kumar Rathia Aged About 20 Years R/o Village - Rabo, Tahsil- Tamnar, Police Station- Punjipathra District- Raigarh (C.G.)

... Applicant

versus

1 - State Of Chhattisgarh Through- The Station House Officer, Police Station Punjipathra, District- Raigarh (C.G.)

... Non-Applicant

For Applicant : Shri Punit Ruparel, Advocate. For Non-Applicant : Shri Dilman Rati Minj, Govt. Advocate.

Hon'ble Shri Deepak Kumar Tiwari, J

Order On Board

20/03/2025 :

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.5/2023 registered at Police Station Punjipathra, District Raigarh for offence under Sections 363, 366 & 376 of the IPC & Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012.

Digitally signed by KRISHNA KRISHNA KUMAR KUMAR BARVE BARVE Date: 2025.03.20 15:39:53 +0530

2

This is the 2^nd bail application on behalf of the applicant. The earlier bail application has been rejected on merits vide order dated 7.8.2023 passed in MCRC No.3090/2023.

The prosecutrix along with her father appears before this Court through VC from DLSA, Raigarh and opposes the bail application.

Allegation against the present applicant is that he sexually exploited the minor prosecutrix.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. Statement of the prosecutrix has been recorded. He further submits that after abducting the prosecutrix from her house, the applicant has performed marriage with her and now she has attained majority. The prosecutrix is under pressure of her parents, as both of them had love relations. The applicant is in jail since 26.2.2023 and he is a young boy aged about 20 years. Considering this backdrop, he may be released on bail.

On the other hand, learned State Counsel would oppose the bail application.

Considering the aforesaid submissions as also the statement of the prosecutrix wherein she has categorically admitted that she likes the applicant and both of them have married in a temple, further considering the length of pre-trial detention and the fact that conclusion of trial is likely to take considerable time and without further commenting anything on merits of the case, this Court is inclined to release the applicant on bail.

3

Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/(Deepak Kumar Tiwari) Judge

Barve