Allowed

Prem Nirmalkar v. State of Chhattisgarh

Chhattisgarh HC19 Feb 2019MCRC/779/2019

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh granted bail to the applicant in a case involving offences under IPC Sections 363, 366, 376 and POCSO. Release was conditioned upon furnishing a surety of Rs. 25,000 and a personal bond with an appearance condition.

What did the court decide?

Released on bail upon furnishing one solvent surety for Rs. 25,000 and personal bond in like sum with conditions.

Prem Nirmalkar Vs State of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2019)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 779 of 2019

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Prem Nirmalkar S/o Gopilal Nirmalkar Aged About 20 Years R/o Panchshil Nagar, In Front Of Devdas Kirana Store, Durg Police Station Durg District Durg Chhattisgarh Present Address Panchshil Nagar, In Front Of Devdas Kirana Store, Durg Police Station Durg District Durg Chhattisgarh, District : Durg, 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 Khursipar (Bhilai), District Durg Chhattisgarh, District : Durg, Chhattisgarh.

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---- Respondent

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For the Applicant For the State

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: Shri Vijay Kumar Sahu, Advocate : Shri Vinod Tekam, Panel Lawyer

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Hon'ble Shri Justice Sharad Kumar Gupta

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Order On Board

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19/02/2019

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This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

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Perused the case diary provided by the learned counsel for the State in connection with the Crime No.757/2018 registered at Police Station City Kotwali Durg, District Durg (C.G.) for the offence punishable under Section 363, 366, 376 of IPC and Section 3, 4 of POCSO Act.

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Case of the prosecution, in brief is that on 16/09/2018 prosecutrix was more than 16 years of age. She is resident of Baijnathpara, Durg. On 16/09/2018 about 01.30 a.m. applicant took her at Collectorate premises Durg and on pretext of marriage committed sexual intercourse with her. As per the photocopy of the statement of the prosecutrix recorded under Section 164 of CrPC, she and applicant has liking for each other. She wants to marry with him. Sexual intercourse was committed on her wish and will.

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Learned counsel for the applicant submits that he is innocent and falsely implicated in the present case, therefore, he shall be released on bail.

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On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicant.

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Looking to the facts and circumstances of the case,looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, it is directed that if the applicant furnishes one solvent surety for a sum of Rs. 25,000/- along with a personal bond in the like sum to the satisfaction of the concerned Court with the condition that he shall appear before the trial Court at 11.00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

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Certified copy as per rules.

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Sd/- (Sharad Kumar Gupta) Judge

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Kamde

Prem Nirmalkar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Prem Nirmalkar 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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