Allowed

Gajanand Singh @ Golu Singh v. State Of Chhattisgarh

Chhattisgarh HC19 Jul 2016MCRC/3804/2016

Case brief

AI extract

What is this about?

This order grants regular bail to the applicant arrested under Sections 376 and 493 IPC. The High Court allowed the bail application citing the delay in the complaint and released the applicant on a personal bond of Rs. 25,000 with a surety.

What did the court decide?

Grant of regular bail on furnishing a personal bond of Rs. 25,000 with one surety in the like sum.

Gajanand Singh @ Golu Singh Vs State Of… — Writ and Judicial Review | Chhattisgarh HC (2016)

¶1

HIGH COURT OF CHHATTISGARH, BILASPUR

¶2

MCRC No. 3804 of 2016

¶3

Gajanand Singh @ Golu Singh, S/o. Late Shri Bhairo Singh, Aged About 28 Years, Occupation- Male Health Worker, R/o. Village Beerbhatha, Thana Malkharoda, Civil & Revenue District Janjgir Champa, Chhattisgarh.

¶4

---- Applicant

¶5

Versus

¶6

State Of Chhattisgarh, Through Station House Officer, Police Out Post Jobi, Police Station Kharsiya, District Raigarh, Chhattisgarh.

¶7

---- Respondent

¶8

For Applicant : Mr. Sunil Sahu, Advocate. For Respondent : Mr. Neeraj Kumar Sharma, Dy. Govt. Advocate

¶9

Hon'ble Shri Justice Goutam Bhaduri

¶10

Order On Board

¶11

19.07.2016

¶12

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.148/2016 registered at Police Station- Kharsiya, Police Out Post- Jobi, District Raigarh (C.G.) for the offence punishable under Section 376, 493 of Indian Penal Code.

¶13

Case of the prosecution, in brief, is that a report was made on 06.04.2016 that on 28.04.2013 the prosecutrix was called by the applicant and thereafter she stayed alongwith the applicant up till November, 2015 and during such period on the pretext of marriage, the applicant has committed sexual intercourse with the prosecutrix, however, subsequently the applicant refused to marry her.

¶14

Learned counsel for the applicant would submit that the prosecutrix was a major lady and the report was made in 2016 and there is an enormous delay, therefore, considering the facts and the statement no case is made out and, as such, he prays for release of the applicant on bail.

¶15

Per contra, learned State counsel opposes the prayer for grant of bail.

¶16

Perused the statement of the prosecutrix wherein it reveals that she stayed with the applicant from 28.04.2013 till November, 2015. Considering the statement, without any further observation on merit, I am inclined to release the applicant on bail.

¶17

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

¶18

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

¶19

Sd/- (Goutam Bhaduri) Judge

¶20

Ashok

Gajanand Singh @ Golu Singh v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Gajanand Singh @ Golu Singh v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Parsuram Sahu Vs State Of Chhattisgarh

Pramod Sharma Vs State Of Chhattisgarh

Ashok Kumar Sinha Vs State Of Chhattisgarh

Santosh Randhawa @ Sonu Vs State Of Chhattisgarh

Rajnath Minj and Others Vs State Of Chhattisgarh

Sunayna Kumbhkar Vs State Of Chhattisgarh