Sukhdas Kosale Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2025)

Sukhdas Kosale Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the applicant's second regular bail application under Section 483 of the BNS should be entertained and granted, notwithstanding that his first bail application had already been dismissed on merits, in the absence of any new good ground or change in circumstances.

Court's answer

The Court declined to entertain the second regular bail application because, considering the facts of the case, the nature of the offence, the submissions of counsel for the respective parties and the evidence of PW-2 & P-1 (victim and her father), it found no new good ground and no change in the circumstances of the case since the dismissal of the first bail application; accordingly, the second bail application was rejected.

Ratio / Principle

In reaching its conclusion the Court specifically weighed the gravity of the prosecution allegation, advanced by State Counsel, that the applicant had abducted the minor victim (aged about 15-16 years), taken her to Hyderabad, and committed forceful sexual intercourse with her on many occasions, along with the evidence of PW-2 & P-1 (victim and her father).

Detailed headnote1 paragraphs

High Court of Chhattisgarh, Bilaspur — MCRC No. 4384 of 2025, decided 02/07/2025 by Hon'ble Shri Justice Arvind Kumar Verma. Second regular bail application of Sukhdas Kosale (aged about 24), filed under Section 483 of the BNS, seeking bail in Crime No. 307/2024 registered at Police Station Pandariya, District Kabirdham, for offences punishable under Sections 137(2), 87, 64(2)(M), 65(1), 376(1) of BNS and Sections 4(2), 6 of the POCSO Act. Prosecution case: victim's parents lodged a missing report; FIR registered initially against unknown persons; prosecutrix recovered during investigation; her statement recorded under Section 161 Cr.P.C; applicant arrested. The applicant's first bail application had been dismissed on merits on 20.02.2025 in M.Cr.C. No.461/2025. Pursuant to the Court's order, the minor victim (aged about 15-16 years) appeared virtually from the DLSA and stated she had no objection to bail. Considering the nature and gravity of the offence — State Counsel's submission that the applicant abducted the minor victim to Hyderabad and committed forceful sexual intercourse with her on many occasions — and the evidence of PW-2 & P-1 (victim and her father), the Court found no new good ground or change in circumstances and rejected the second bail application. Bail refused; certified copy as per rules.

1

2025:CGHC:29879

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 4384 of 2025

Sukhdas Kosale S/o Harikishan Kosare Aged About 24 Years R/o Ward No. 05, Near Govt. Primary School, Nawapara Pandariya, P.S. Pandariya District Kabirdham, Chhattisgarh.

... Applicant(s)

versus

State Of Chhattisgarh Through Station House Officer, Police StationPandariya District Kabirdham, Chhattisgarh.

---- Respondent

For Applicant : Ms. Laxmin Tondey, Advocate. For State : Mr. Rishab Bisen, PL.

Hon'ble Shri Justice Arvind Kumar Verma Order On Board

02/07/2025

Heard.

This is the second bail application filed under Section 483 of the BNS for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 307/2024 registered at Police Station- Pandariya District Kabirdham, Chhattisgarh, for the offence punishable under Sections 137(2), 87, 64(2)(M), 65(1), 376(1) of BNS and Section 4(2), 6 of the POCSO Act.

The applicant's first bail application was dismissed on merits by order of this Court dated 20.02.2025 passed in M.Cr.C. No.461/2025.

2

Case of prosecution, in brief, is that complainant (parents of victim) lodged missing report to the concerned Police Station, based upon which, FIR was registered initially against unknown persons. During course of investigation, prosecutrix was recovered and her statement was recorded under Section 161 of Cr.P.C, based upon which, applicant was arrested in aforementioned crime/offence.

Pursuant to order of this Court, victim is appeared before this Court through virtual mode from the concerned DLSA. She submits that she is having no objection in granting bail to the applicant/accused.

Considering facts of the case, nature of offence, submission of learned counsel for the respective parties, particularly the submission of State Counsel that the applicant has abducted the minor victim (aged about 15-16 years) and took her to Hyderabad, thereafter, committed forceful sexual intercourse with her on many occasion, further considering the evidence of PW-2 & P-1 (victim and her father), I do not find any new good ground or any change in the circumstances of the case to entertain this second bail application.

Accordingly, the second bail application is hereby rejected.

Certified copy, as per rules.

Sd/(Arvind Kumar Verma) Judge

J.