Poonaram Bhariya vs State Of Chhattisgarh
2022 Latest Caselaw 5339 Chatt

                                                                            NAFR

              HIGH COURT OF CHHATTISGARH, BILASPUR

                               CRA No. 1206 of 2022

  • Poonaram Bhariya Toshram Bhariya Aged About 23 Years R/o Kudkai Police
    Station Pendra, District Gourela Pendra Marwahi Chhattisgarh.

                                                                    ---- Appellant

                                    Versus

  • State of Chhattisgarh Through Station House Officer Police Station Pendra,
    District Gourela Pendra Marwahi Chhattisgarh.

                                                              ---- Respondent

23/08/2022 Shri Avinash Chand Sahu, Counsel for the Appellant.

Shri Shivnath Shrivas, P.L. for the State/respondent.

Notice issued to the prosecutrix/complainant is still awaited.

State counsel is directed to issue fresh notice to the prosecutrix or her guardian or informant about the next date of hearing for her appearance before this Court either in person or through her counsel or through Video Conferencing from concerned District Legal Services Authority and submit the report.

The matter is listed today for hearing on application for suspension of sentence and grant of bail but upon oral prayer made by the learned counsel for the appellant, case is heard for grant of ad-interim bail to the appellant.

By the impugned judgment of conviction and order of sentence dated 29.06.2022 passed by Special Additional Sessions Judge, Pendra Road, District- Gourela-Pendra- Marwahi, Chhattisgarh in Special Session Case No. 06/2021, the appellant stands convicted as under:-

Conviction Sentence U/s 354 of IPC R.I. for 2 years and fine of Rs.

500/- and in default of payment of fine, further R.I. for 1 month

U/s 323 of IPC R.I. for 1 month and fine of Rs.

500/- and in default of payment of fine, further R.I. for 15 days

U/s 341 of IPC Fine of Rs. 500/- and in default of payment of fine, further R.I. for 10 days

U/s 7/8 of POCSO Act R.I. for 3 years and fine of Rs.

500/- and in default of payment of fine, further R.I. for 3 months

Prosecution story in brief, is that, it has been alleged against the appellant that on 23.02.2021, when prosecutrix was at home, at that time, appellant came there and tried to outrage her modesty and thereby committed the offence.

Learned counsel for the appellant submits that there are several omissions and contradictions in the statement of the prosecutrix and prosecution has not examined any independent witness and failed to prove its case beyond reasonable doubt. He next submits that medical report also did not support the prosecution case. Therefore, appellant may be granted ad- interim bail.

On the other hand, learned counsel for the State opposes the oral prayer for ad-interim bail to the appellant.

I have heard learned counsel for the parties and perused the material available on record.

After considering on all the facts and circumstances of this case, I feel inclined to allow this application.

Accordingly, the same is allowed. It is directed that the appellant shall be released on ad-interim bail on his furnishing a personal bond in sum of Rs.25,000/- with one local surety in like sum to the satisfaction of the concerned trial Court, till the next date of hearing.

List this case on 26.09.2022.

Certified copy as per rules.

Sd/-

(Rajani Dubey) Judge

Ruchi