Allowed

Suraj Tandon @ Golu v. State Of Chhattisgarh

Chhattisgarh HC1 Aug 2016MCRC/3860/2016

Case brief

AI extract

What is this about?

This court allowed a bail application under Section 439 Cr.P.C. for an applicant accused of offences under POCSO and IPC regarding a minor. Despite the severity of charges, the court was inclined to grant bail considering that the prosecutrix and her parents had not supported the prosecution case. The applicant was directed to furnish a personal bond.

What did the court decide?

The applicant is to be released on bail on furnishing a personal bond of Rs. 25,000/- with one surety in like sum.

Suraj Tandon @ Golu Vs State Of Chhattisgarh — Dowry and Cruelty | Chhattisgarh HC (2016)

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 3860 of 2016

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Suraj Tandon @ Golu, S/o. Late Jagat Pal Tandon, Aged About 21 Years, R/o. Jaistanbh Chowk Mandir Hasaud, Police Station Mandir Hasaud, Civil & Revenue District Raipur, Chhattisgarh.

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---- Applicant

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Versus

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State Of Chhattisgarh, Through : Station House Officer, Police Station Mandir Hasaud, Civil & Revenue District Raipur, Chhattisgarh.

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---- Respondent

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For Applicant : Mr. G.M.Hasan, Advocate For Respondent : Mr. Anil S. Pandey, Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri

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Order On Board

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01.08.2016

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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.331/2015 registered at Police Station- Mandir Hasaud, District Raipur (C.G.) for the offence punishable under Section 363, 366, 376 of Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

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Case of the prosecution, in brief, is that a missing report was made by the father of the victim that the minor girl has been enticed and took away by the applicant and on the pretext of marriage, the applicant committed sexual intercourse with her. Subsequently, the girl was recovered from the possession of the applicant and thereby the offence is committed.

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Learned counsel for the applicant would submit that the prosecutrix, her father & mother have been examined in this case and they

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have not supported the case of the prosecution, therefore, the applicant may be released on bail.

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

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Perused the statement of the prosecutrix, who is 17 years of age, her father & mother wherein they have not supported the case of the prosecution. Considering such statement, without any observation on merit, I am inclined to release the applicant on bail.

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

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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.

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Sd/- (Goutam Bhaduri) Judge

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Ashok

Suraj Tandon @ Golu v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Suraj Tandon @ Golu 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

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