Allowed

Annu @ Imraan v. State of Chhattisgarh

Chhattisgarh HC7 Aug 2020MCRC/4199/2020

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh granted regular bail to the applicant under Section 439 CrPC, observing that he was falsely implicated and that the trial would take time, directing release upon furnishing a bond.

What did the court decide?

Application allowed; applicant released on bail upon furnishing a personal bond of Rs. 25,000/- with one surety for a like sum or relying on bonds furnished under the Supreme Court order on COVID-19.

Annu @ Imraan Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2020)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 4199 of 2020

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Annu @ Imraan S/o Shri Mohd. Bashir Gauri Aged About 26 Years R/o Diwan Para, Manav Mandir Chowk P.S. Kotwali, Tahsil And District Rajnandgaon Chhattisgarh.

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---- Applicant

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Versus

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State Of Chhattisgarh Through Station House Officer, Police Station Kotwali, District Rajnandgaon Chhattisgarh

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---- Respondent

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For Applicant : Shri Ishaan Verma, Advocate For Respondent/State : Shri Dinesh Tiwari,GA

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Hon'ble Smt. Justice Rajani Dubey

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Order On Board

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07/08/2020

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The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 298/2020 registered at police station Kotwali, district Rajnandagaon (CG) for the offence punishable under Sections 376,450 and 506 IPC.

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As per prosecution case, report was lodged by the complainant alleging that the applicant developed physical relations with her on the pretext of marriage.

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Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the prosecutrix was major and consenting party. He submits that the applicant is in jail

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since 17.06.2020 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion.

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On the other hand counsel for the State opposes the bail application.

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Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed.

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It is directed that in the event of the applicant’s furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

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It is made clear that if the applicant has already been released on bail pursuant to the bail bonds already furnishing in view of the order passed by the High Power Committee constituted in compliance of the order of the Supreme Court of India dated 23.03.2020 in the matter of In Re: Contagion of COVID 19 Virus in Prisons (Suo Moto Writ Petition (C) No. 1/2020), he need nod furnish bail bonds afresh and the bail bonds already furnished shall be deemed to be the bail bonds furnished in compliance of the order of this Court, but if he has not furnished the bail bonds earlier, then he will be required to furnish bail bonds within four weeks' from today.

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suguna

Annu @ Imraan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Annu @ Imraan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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