Allowed

Swaroop Chand Chopda v. State Of Chhattisgarh

Chhattisgarh HC2 Mar 2017MCRC/1047/2017

Case brief

AI extract

What is this about?

In a second bail application under Section 439 CrPC for offences of rape and criminal breach of promise, the High Court granted regular bail. The Court noted that the prosecutrix was examined and did not support the prosecution's case, deeming the present application a fit case for enlargement on bail.

What did the court decide?

Bail allowed; applicant directed to be released on personal bond of Rs. 25,000/- with one surety.

Swaroop Chand Chopda Vs State Of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2017)

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Page No.1

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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M.CR.C. No. 1047 of 2017

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Swaroop Chand Chopda, S/o. Gautam Chand Chopda (Complete name), Aged About 30 Years, R/o Rajapara Kanker, Police Station -Kanker Revenue & Civil District-North Bastar Kanker, Chhattisgarh. .

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----Applicant

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Versus

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State Of Chhattisgarh, Through The Police Station -Kanker, District North Bastar Kanker, Chhattisgarh.

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---- Respondent

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For Applicant : Mr. P.K. Tulsyan, Advocate For Respondent/State : Mr. Anant Bajpai, Panel Lawyer

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Hon'ble Shri Justice Goutam Bhaduri

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Order On Board

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02/03/2017

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This is the second bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.315/2016, registered at Police Station – Kanker, District – Kanker (C.G.) for the offence punishable under Section 376 (IV) and 493 of the Indian Penal Code. The first bail application was dismissed as withdrawn with liberty to repeat the same after examination of the prosecutrix vide order dated 23.12.2016.

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As per the case of the prosecution, in brief, is that on 18.09.2016 a report was made by the prosecutrix that for last seven years, the applicant on the pretext of marriage has committed forceful sexual intercourse and when she became pregnant, the applicant disowned the pregnancy and refused to marry her. Thereby the offence has been committed.

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Page No.2

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Learned counsel for the applicant would submit that this is second bail application. The first bail application was dismissed as withdrawn with liberty to repeat the same after examination of the prosecutrix on 23.12.2016. It is submitted that prosecutrix has been examined and she has not supported the case of the prosecution, therefore, the applicant may be enlarged on bail.

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On the other hand, learned counsel for the State opposes the bail application, however, he is not able to dispute the fact that prosecutrix been examined and she has not supported the case of the prosecution.

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I have heard learned counsel appearing for the parties.

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Perused the statement of the prosecutrix. Considering such statement, without any further observation on merits, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular 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 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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Certified copy as per rules.

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Sd/- (Goutam Bhaduri) Judge

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Balram

Swaroop Chand Chopda v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Swaroop Chand Chopda v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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