Chattisgarh High Court
Kailash Kumar Bareth vs State Of Chhattisgarh on 24 August, 2022
Page 1 of 3
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 79 of 2021
Kailash Kumar Bareth Versus State Of Chhattisgarh
CRA/363/2020,CRA/559/2020,CRA/404/2020,
DB
Hon'ble Shri Sanjay K. Agrawal and
Hon'ble Shri Sachin Singh Rajput JJ.
24.08.2022 Mr. Anuroop Panda, counsel for the appellant.
Mr. Sudeep Verma, Dy. Govt. Advocate for the State/respondent.
Heard on I.A.No.02/2021, application for suspension of sentence and
grant of bail to the appellant.
By the impugned judgment and order of sentence dated 18.02.2020
passed by the learned Additional Sessions Judge Fast Track Court, Raigarh
(C.G.) in Special Criminal Case (POCSO Act) No.9/2019, the present
appellant has been convicted and sentenced in the following manner:-
Conviction Sentence
Under Section 21 of POCSO Act R.I. for 6 months and fine of Rs.
1000/- and in default of payment of
fine additional R.I. for 3 Months.
Under Section 6 r/w Section 17 of R.I. for 20 years and fine of
POCSO Act. Rs.5000/- and in default of payment
of fine Additional R.I. for 6 months.
Mr. Anuroop Panda, learned counsel for appellant submits that appellant
has not committed any offence and has been falsely implicated in this case. He
further submits that the present appellant never did anything to the victim nor
did he misbehave with the prosecutrix in any manner what so ever. According
to the counsel for the appellant, the only allegation against the present
appellant is that he introduced the victim to co-accused Tej Kumar who has
already been granted bail by co-ordinate bench of this Court vide order dated
04.01.2022, therefore, he may also be released on bail.
Mr. Sudeep Verma, learned State Counsel submits that the case of
appellant-Kailash is not identical to that of co-accused-Tej Kumar as he is the
person who took the victim to co-accused-Akbar Khan which ultimately
culminated in commission of rape by one of co-accused-Akbar Khan.
We have heard learned counsel for the parties and considered their rival
submissions and also perused the records with utmost circumspection.
Taking into consideration the evidence available on record, considering
the facts and circumstances of the case, looking to the role attributed to the
appellant, that there is no allegation of rape or misbehavior with the victim
against him, that the only allegation against him is that he introduced the victim
to one of the accused Tej-Kumar, and that the present appellant is in jail since
23.03.2019 and further considering the fact that the co-accused-Tej Kumar has
already been granted bail by the co-ordinate Bench of this Court, we are of the
opinion that it is a fit case to suspend the sentence and grant of bail to
appellant Kailash. Accordingly, I.A.No.02/2021 is allowed.
The substantive jail sentence awarded to the appellant Kailash Kumar
Bareth is suspended during the pendency of this appeal and he is directed to
be released on bail on his furnishing a personal bond in the sum of Rs.
25,000/- along with one surety in the like sum to the satisfaction of the
concerned trial Court for his appearance before the Registry of this Court on
30th September, 2022. He shall thereafter appear before the trial Court on a
date to be given by the Registry of this Court and shall continue to appear
there on all such subsequent dates as are given to him by the said Court, till
the disposal of this appeal.
However, observation made herein-above is only confined to disposal of
bail application and shall not be construed as opinion on merits of the matter.
Certified copy as per rules.
List these cases for final hearing.
Sd/- Sd/-
(Sanjay K. Agrawal) (Sachin Singh Rajput)
Judge Judge
parul
