Allowed

Surendra Kumar Jangade v. State of Chhattisgarh

Chhattisgarh HC18 Jul 2018MCRC/4554/2018

Case brief

AI extract

What is this about?

This High Court order grants regular bail to Surendra Kumar Jangade under Section 439 Cr.P.C., who was arrested for assault and causing miscarriage. Despite the severity of alleged injuries, the court allowed bail due to prolonged trial delays.

What did the court decide?

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

Surendra Kumar Jangade Vs State of Chhattisgarh — Domestic Violence | Chhattisgarh HC (2018)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 4554 of 2018

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Surendra Kumar Jangade S/o Jai Jangade, Aged About 32 Years, R/oVillage Mudwabhatha, P.S. Kosir, Tahsil Saranggarh, District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh

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---- Applicant

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Versus

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State Of Chhattisgarh Through- The Station House Officer, Police Station Kosir, District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh

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----Non-applicant

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For Applicant – Shri Raghavendra Pradhan, Advocate. For Non-applicant/State – Shri Ashok Swarnkar, Panel Lawyer.

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Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board

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18-07-2018

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Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 23-09-2017 in connection with Crime No.72/2017 registered at P.S. - Kosir, District- Raigarh, Chhattisgarh for the offence under Section 294, 323, 506-B, 316 of the IPC.

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2 . It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in jail since 23-09-2017. No case is made out against him. The trial against this applicant is still pending, hence, he is languishing in jail without any fault on his part. Hence, it is prayed that the applicant may be released on regular bail.

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3 . Learned counsel for the State/non-applicant opposes the application submitting that this applicant has brutally assaulted his wife and caused miscarriage, hence, he is not entitled for grant of bail.

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Heard learned counsel for the parties and perused the case diary.

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On the date of incident this applicant on account of some dispute with

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his wife assaulted her with hands, fists, kicks and club in such a manner that the pregnancy of about 6 months of victim Smt. S. Kumari was aborted. Hence, the FIR has been lodged in this case.

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Considered on the material present in the case diary. As it appears that the trial against this applicant is getting prolonged, I am of this opinion that this applicant should be granted regular bail.

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Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. 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 Court, for his appearance as and when directed.

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Certified copy as per rules.

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Sd/-

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(Rajendra Chandra Singh Samant) Judge

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Aadil

Surendra Kumar Jangade v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Surendra Kumar Jangade 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

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