Allowed

Vinay Kumar Yadav v. State of Chhattisgarh

Chhattisgarh HC5 Mar 2025MCRC/522/2025

Case brief

AI extract

What is this about?

Bail application allowed in a case involving offences under IPC sections 363, 366, 376(2)(n) and POCSO Act. The court considered the victim's statement and medical report, noting no injuries and that she voluntarily went with the applicant. Bail granted on furnishing a bond of Rs. 10,000 with one surety.

What did the court decide?

Regular bail granted on furnishing a bail bond of Rs. 10,000/- with one surety in like sum.

Vinay Kumar Yadav Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2025)

2025:CGHC:11167

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 522 of 2025

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Vinay Kumar Yadav S/o Shri Ramkumar Aged About 24 Years R/o Village- Khokhari, Police Station- Shivarinarayan, District- JanjgirChampa (Chhattisgarh)

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... Applicant(s)

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versus

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State of Chhattisgarh Through The Station House Officer, Police ChaukiDasarangpur, Police Station- Pipariya, District- Kabirdham (Chhattisgarh).

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--- Respondents

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For Applicant : Mr. Paras Mani Shriwas, Advocate. For Respondent/State : Ms. Laxmin Kashyap, PL.

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Hon'ble Shri Justice Arvind Kumar Verma

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Order on Board

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06/03/2025

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This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.206/2024, registered at PS - Pipariya, District- Kabirdham (Chhattisgarh), for commission of offence punishable under Sections 363, 366, 376(2)(n) of IPC and Section 4 & 6 of the POCSO Act.

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Case of prosecution, in brief, is that father of prosecutrix/victim lodged missing report to the concerned Police Station, based upon which, FIR was registered and during course of investigation, prosecutrix was recovered. Her statement was recorded under Section 161 of Cr.P.C,

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and based upon which, applicant was arrested in the aforementioned crime.

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Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. From the statements of victim recorded under Sections 161 & 164 of CrPC, it is reflecting that she had lover affair with the applicant/accused and on the date of alleged incident, she herself went with the applicant and visited various places. As per medical report, no internal or external injury has been found on the body of the victim, though there is allegation against the applicant of committing forceful sexual intercourse with victim. There is no any other criminal antecedent against the applicant. Applicant is in jail since 22.06.2024, conclusion of trial may take some time, hence, applicant may be released on bail.

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Per contra, learned State Counsel opposes the bail application of the applicant and submits that there is specific allegation against the applicant of committing the aforementioned offence/crime with minor victim aged about 16 years and 02 months, hence, he is not entitled for grant of bail.

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Heard learned counsel for the parties.

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Victim alongwith her guardian, appeared before this Court through virtual mode from the concerned DLSA and raised any objection in granting bail to the applicant.

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Considering facts of the case, nature of allegations, submission of learned counsel for the applicant that victim herself went with the applicant and visited various places with him, particularly statements of victim recorded under Sections 161 & 164 of Cr.PC, further considering that there is no any other criminal antecedent against the applicant,

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charge-sheet has already been filed, detention period of applicant, conclusion of 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, bail application is allowed. It is directed that applicant shall be released on regular bail, on his furnishing a bail bond in sum of Rs.10,000/- with one surety in like sum to satisfaction of concerned Court on the conditions that-

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a) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court.

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b) Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and

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c) Applicant shall appear before trial Court on each and every date given to him by the said Court till disposal of the trial.

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Certified copy as per rules.

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CC as per rules.

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Sd/(Arvind Kumar Verma) Judge

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J/-

Vinay Kumar Yadav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Vinay Kumar Yadav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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