Dismissed

Yogesh Kumar Chandrakar v. State of Chhattisgarh

Chhattisgarh HC16 Aug 2019MCRCA/1112/2019

Case brief

AI extract

What is this about?

Court rejected an application for anticipatory bail filed by Yogesh Kumar Chandrakar in connection with a crime filed in Durg under IPC 363, 366 and POCSO Section 4. The applicant alleged false implication, but the court found the existing materials indicated it was not a fit case for release.

What did the court decide?

Application for anticipatory bail is rejected.

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

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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M.Cr.C.(A) No. 1112 of 2019

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Yogesh Kumar Chandrakar S/o Santosh Kumar Chandrakar Aged About 23 Years R/o House No. 733, Shankar Nagar, Ward No. 12 Jagriti Chowk Durg, Police Station - Mohan Nagar, Durg Tehsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh

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---- Applicant

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Versus

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State Of Chhattisgarh Through Station House Office, Police Station - Mohan Nagar, Durg District - Durg Chhattisgarh., District : Durg, Chhattisgarh

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---- Non-applicant

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For Applicant : Mr. Shrawan Agrawal, Advocate. For Non-applicant : Mr. 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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16.08.2019

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This is an application for grant of anticipatory bail under Section 438 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

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The applicant is apprehending his arrest in connection with Crime No. 145/2019 registered at Police Station- Mohan Nagar Durg, Durg (C.G.), for offence punishable under Sections 363, 366 the Indian Penal Code and Section 4 of the POCSO Act. .

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Case of the prosecution, in brief is that prosecutrix is about 16 years old. Prosecutrix had left her parental house because applicant threatened her, he took her in different places.

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Learned counsel for the applicant submits that there is no

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allegation against the applicant, prosecutrix had left her house voluntarily, the applicant has no criminal background. He is innocent and has been falsely implicated in the present case, therefore, he shall be released on bail.

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On the other hand, learned counsel for the State opposes the bail application, however, submits that there is no antecedent against the applicant.

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Looking to the facts and circumstances of the case, looking to the materials available on record against applicant, this Court finds that this is not a fit case where the applicant can be released on anticipatory bail.

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Hence, the present anticipatory bail application is rejected.

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Certified copy as per rules.

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Sd/-

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(Sharad Kumar Gupta) JUDGE

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kishore

Yogesh Kumar Chandrakar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Yogesh Kumar Chandrakar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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