Dismissed¶23

Shankar Sonwani, Alias Soni v. State of Chhattisgarh

Chhattisgarh HC1 Apr 2025MCRC/2057/2025

Case brief

AI extract

What is this about?

Chhattisgarh HC Bilaspur, MCRC No. 2057 of 2025, decided 02-04-2025 by Justice Ravindra Kumar Agrawal. Regular bail under S. 483 BNSS 2023 dismissed for father accused of raping minor daughter (16) — Ss. 376, 376(F), 323 IPC and Ss. 4, 6 POCSO Act; Crime No. 497/2024, P.S. Civil Line, Bilaspur; co-accused Radhika Sonwani; victim PW-1 cross-examined; victim consented to bail via virtual DLSA appearance; bail refused despite no-objection due to gravity of incest-rape allegation.

What did the court decide?

Taking into consideration the submissions of counsel, the nature of allegation, the evidence collected during investigation, the victim being a minor girl, and the allegation in the charge sheet of rape by her own father, the Court was not inclined to release the applicant on bail. ¶22

Shankar Sonwani, Alias Soni Vs State of… — Child Sexual Offences (POCSO) | Chhattisgarh HC (2025)

2025:CGHC:15547

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 2057 of 2025

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1 - Shankar Sonwani, Alias Soni S/o Bhagwati Soni, Aged About 45 Years, R/o Mangla Dhuripara, Near Jaitkham, Police Station Civil Line, District Bilaspur, Chhattisgarh.

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... Applicant

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versus

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1 - State of Chhattisgarh Through Police Station Civil Line, District Bilaspur, Chhattisgarh.

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... Non-applicant

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For Applicant : Mr. Anshul Tiwari, Advocate. For State/Non-applicant : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board

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02-04-2025

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Pursuant to the order dated 17-03-2025 the victim along with her grand-father appeared through virtual mode DLSA Bilaspur and submitted that she has no objection in granting bail to the applicant. Her submission is taken on record.

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Heard on the application filed under Section 483 of Bhartiya Nagarik 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 07-06-2024 in connection with Crime No.497/2024 registered at P.S. - Civil Line, District Bilaspur, Chhattisgarh for the offence under Section 376, 376(F), 323 of the IPC and Section 4, 6 of of POCSO Act.

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3 . The case of prosecution is that, on 06-06-2024 the victim lodged a report to the police that she was being sexually exploited by the applicant since 01-01-2016 which continued upto 27-05-2024, the applicant is her father in which her mother also assisted. On the report made by the victim the offence under Section 376, 376(f), 323 of the IPC and Section 4 and 6 of POCSO Act have been registered against the

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Digitally signed by MOHAMMAD AADIL KHAN

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applicant and co-accused Radhika Sonwani. The applicant has been arrested on 0706-2024 and after completion of investigation charge sheet has been filed.

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4 . Learned counsel for the applicant would submit that although the victim is daughter of the applicant, but considering the allegation leveled against the applicant that the victim was subjected to sexual harassment since 01-01-2016 is highly unnatural as she could have informed the incident to any other person of the family . It is only when the applicant scolded her on the issue of petty family dispute, she made allegation against him and his wife. He would also submit that the victim has already been examined before the learned trial Court as PW-1 and in crossexamination she deviated from her chief examination and not reliable and she could not be termed as sterling witness. The applicant is in jail since 07-06-2024 and final adjudication of the case will take its own time. Therefore, the applicant may be enlarged on bail.

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5 . On the other hand, learned counsel for the State/non-applicant opposes and has submitted that the victim is a minor girl aged about 16 years and she was sexually exploited by her father since 01-01-2016. She being the minor girl sexually exploited by her own parents, she was helpless in the house and ultimately the report has been lodged on 06-06-2024. Considering the nature of allegation and their relationship, the applicant is not entitled for bail.

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I have heard learned counsel for the parties and perused the material annexed with the bail application.

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Taking into consideration the submissions made by learned counsel for the parties, the nature of allegation and evidence collected during the investigation, further the victim being a minor girl and allegation of rape by her own father is alleged in the charge sheet, I am not inclined to release the applicant on bail.

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Consequently, the application filed by the applicant under Section 483 of BNSS, 2023 for grant of regular bail is hereby rejected.

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Sd/- (Ravindra Kumar Agrawal) Judge

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Aadil

Shankar Sonwani, Alias Soni v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Shankar Sonwani, Alias Soni v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

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