The High Court of Chhattisgarh allowed a bail application under Section 439 CrPC for an accused arrested on a warrant due to non-appearance in a POCSO case, directing his release on a personal bond.
Released on bail on furnishing a personal bond for Rs. 50,000 with one surety in the like sum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
M.Cr.C. No. 7016 of 2021
Sandeep Kumar, S/o Sulendra Singh, aged about 20 years, R/o Village Nawapara Kala, Police Station Premnagar, District Surajpur (C.G.)
---- Applicant
Versus
State of Chhattisgarh, Through : Station House Officer, Police of Police Station Premnagar, District – Surajpur (C.G.)
----Non-applicant
For Applicant : Mr. Anil Gulati, Advocate. For Non-applicant : Ms. Subha Shrivastava, PL
Hon'ble Shri Justice N.K. Chandravanshi
Order On Board
21.10.2021
(1) The accused/applicant has preferred this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail as he is arrested on 10.8.2021 in compliance of the warrant of arrest issued by the trial Court and since then he is in custody.
(2) Facts of the case in the brief are that Sessions Case No. 30/2020 {State of Chhattisgarh Vs. Sandeep Kumar} is pending before the Additional Sessions Judge, (FTSC), Surajpur, District Surajpur for commission of offence punishable under Sections 376, 365, 506 of the IPC and Section 3 & 4 of the Protection of Children from Sexual Offences Act, 2012. On 17.02.2021, the case was fixed for evidence of prosecution witnesses and on that day, victim and her father appeared before the trial
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Court but due to non-appearance of applicant/accused and his counsel, warrant of arrest was issued against the applicant and in compliance of that warrant of arrest, the applicant was arrested on 10.08.2021 and since then he is in jail. His bail application filed before Additional Sessions Judge (FTSC), Surajpur, District Surajpur was also dismissed. Hence, this M.Cr.C. by the applicant.
(3) Learned counsel for the Applicant/accused would submit that due to some exigency, applicant had gone to other place, therefore, he could not appear before the trial Court and he also could not intimate his counsel about the aforesaid fact, therefore, warrant of arrest had been issued against him. His non-appearance before the trial Court on 17.02.2021 was bonafide and unintentional. He also submits that the applicant is not likely to threaten or temper any of the witnesses of the prosecution. Earlier, the applicant was granted regular bail by the Coordinate Bench of this Court vide order dated 30.9.2020 passed in M.Cr.C. No. 5932 of 2020, therefore, the applicant is entitled to be released on regular bail.
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during the course of trial, due to his non-appearance before the trial Court on 17.02.2021, warrant of arrest was issued against him and in compliance of that arrest warrant, applicant is in detention since 10.08.2021 and since then he is jail.
(7) Looking to the facts & circumstances of the case, I feel inclined to allow the bail application filed by the applicant.
(8) Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.
(9) It is made clear that if the applicant will not cooperate with the disposal of the case and if he will not attend the court regularly as and when directed, then this order
be deemed to be cancelled.
Certified copy, as per rules.
( N.K. Chandravanshi) Judge
D/-
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3 issues framed by the court
Whether the bail application of the accused charged under the POCSO Act and IPC should be allowed despite his failure to appear earlier in the trial.
Whether the accused is entitled to regular bail when he had previously been granted bail by a coordinate bench.
What conditions need to be imposed on the release of the bail applicant.
1 provisions across 1 enactments
Sandeep Kumar
N.K. Chandravanshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
