Chattisgarh High Court
Xyz vs State Of Chhattisgarh on 8 April, 2025
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 2079 of 2024
1 - XYZ
... Appellant
versus
1 - State of Chhattisgarh Through Station House Officer, Police Station-
Abhanpur, District Raipur (C.G.)
... Respondent
08-04-2025 Mr. Amitesh Kumar Pandey, Advocate for the appellant.
Ms. Vaishali Mahilong, Panel Lawyer for the State/respondent.
Mr. Badruddin Khan, Advocate for the objector.
Pursuant to the order dated 05-12-2024 mother of the victim
has appeared in person before this Court and raised objection in
granting bail to the appellant.
Heard on I.A. No.01/2024, which is an application for
suspension of sentence and grant of bail to the appellant.
The appellant has been convicted and sentenced by the
judgment of conviction and order of sentence dated 18-10-2024
passed in Session Trial No.151/2021 by the learned Additional
Sessions Judge Second (POCSO) Fast Track Special Court Raipur,
District Raipur (C.G.) in the following manner with a direction to run all
Digitally signed
by MOHAMMAD
AADIL KHAN
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the jail sentences concurrently :-
Conviction Sentence
U/s 506-II of the Rigorous Imprisonment for 2 years and fine
IPC of Rs.1,000/-, in default of payment of fine,
additional R.I. for 1 month
U/s 4(1) of POCSO R.I. for 10 years and fine of Rs.5,000/-, in
Act default of payment of fine additional R.I. for 1
month
Learned counsel for the appellant would submit that there is no
cogent and clinching evidence with respect to the age of the victim.
The school register has not been proved in accordance with law. The
victim is cousin sister of the appellant and there was family dispute
between the parties. On the apprehension that in the night the
appellant has committed rape upon her, the report has been lodged.
On the previous occasion the victim has not made any complaint as
alleged by her that earlier also he entered into her house. No injuries
have been found on her body. Even there is no semen and sperms
were found in her vaginal slide. The conduct of the victim itself is
suspicious. The appellant is in jail since 02-07-2021 and final
adjudication of the appeal will take its own time. Therefore, the
appellant may be enlarged on bail.
On the other hand, learned counsel for the State as well as
learned counsel for the objector vehemently oppose the submission
made by learned counsel for the appellant and have submitted that
the victim being minor girl has made allegation against the appellant
for commission of rape upon her. He has threatened her not to
disclose the incident to anyone or else she would be killed and for
that reason she has not disclosed the incident on earlier occasion.
Looking to the gravity of the offence, the appellant is not entitled for
3
bail.
Considering the submissions made by learned counsel for the
parties, further considering nature of allegation and evidence
available in the case and the age of the victim as well as her evidence
and also the medical report, I am inclined to release the appellant on
bail.
Accordingly, I.A. No.01/2024, application for suspension of
sentence and grant of bail is allowed.
It is directed that the jail sentence imposed upon the appellant
shall remain suspended during the pendency of this appeal and he
shall be released on bail on his furnishing a personal bond in the sum
of Rs.25,000/- with one surety in like sum to the satisfaction of the
trial Court for his appearance before the Registry of this Court on 12th
of June, 2025. 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 disposal of this appeal.
List this case for final hearing in due course.
Sd/-
(Ravindra Kumar Agrawal)
Judge
Aadil
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