Allowed

Jitendra Kumar Patel v. State of Chhattisgarh

Chhattisgarh HC17 Jul 2019MCRC/3384/2019

Case brief

AI extract

What is this about?

High Court of Chhattisgarh allowed a bail application filed under Section 439 Cr.P.C. by an applicant accused of sexual offences under IPC and POCSO, granting bail with a bond to the trial court due to trial delay and weak prosecution case.

What did the court decide?

Bail granted on furnishing a personal bond of Rs. 25,000 with one surety in like sum to the satisfaction of the trial court.

Jitendra Kumar Patel Vs State of… — Child Sexual Offences (POCSO) | Chhattisgarh HC (2019)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 3384 of 2019

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Jitendra Kumar Patel, S/o. Late Sukhram Patel, Aged About 35 Years, CasteMarar, R/o. Village Khaira, Police Station -Ghumka, District- Rajnandgaon, 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 Ghumka, District Rajnandgaon, Chhattisgrah.

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---- Respondent

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For Applicant : Mr. Punit Ruparel, Advocate For Respondent/State : Mr. Ghanshyam Patel, G.A.

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

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17/07/2019

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This is the first 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.41/2019, registered at Police Station –Ghumka, District – Rajnandgaon (C.G.) for the offence punishable under Section 354, 376 ¼p½, 506, 201, 119 of the Indian Penal Code and Section 6, 10, 21 of Protection of Children from Sexual Offences Act, 2012.

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It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. No case is made out against the applicant. The applicant is in jail since 15.03.2019. Totally false FIR has been lodged against the applicant making false allegation. As the trial against the applicant is likely to take some time, therefore, it is prayed that the applicant be granted regular bail.

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On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. It is submitted that looking to the allegation made against the applicant, he is not entitled for grant of regular bail.

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I have heard the learned counsel for both the parties and perused the case diary.

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According to the prosecution case, this applicant is a school teacher. It is alleged that during the teaching time, this applicant used to touch the minor prosecutrix of age about 10 years on various parts of her body in an objectionable manner. Hence, this case.

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Considered on the submissions made and the contents of the case diary. After considering on all the facts and circumstances of the case and taking into consideration this fact now the case is before the trial Court and there is likelihood of delay in conclusion of trial, hence for this reason, 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/- (Rajendra Chandra Singh Samant) Judge

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Balram

Jitendra Kumar Patel v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Jitendra Kumar Patel v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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