The High Court allowed the applicant's second bail application under Section 439 Cr.P.C. in a POSCO case, noting changed circumstances, the prosecutrix's acquiescence, and the length of detention as grounds for release.
Released on bail on furnishing a personal bond of Rs. 25,000 with one surety.
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
MCRC No. 8002 of 2021
---- Applicant
Versus
----Non-applicant
For Applicant – Shri Om P. Sahu, Advocate. For Non-applicant/State – Shri Ravi Bhagat, Deputy Govt. Advocate. Shri Nishikant Sinha, Advocate for the victim.
Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board
01-12-2021
2 . It is submitted on behalf of the applicant, that this is second bail application filed by the applicant before this Court. His first bail application MCRC No.7391 of 2020 was dismissed on merits on 23-02-2021. It is submitted that the circumstances have changed in favour of the applicant. The prosecutrix has been examined in the trial and she has not supported the prosecution case. It was on this ground co-accused Jai Prakash Soni has been granted bail in MCRC No.4001 of 2021 on 30-07-2021. Hence, it is prayed that this applicant may also be granted bail.
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she has no objection in grant of bail to the applicant and she has also filed an application along with the affidavit supporting the bail application of this applicant.
8 . Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the 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 Court, for his appearance as and when directed.
Sd/-
(Rajendra Chandra Singh Samant) Judge
Aadil
3 issues framed by the court
Whether regular bail should be granted to the applicant given the change in circumstances and the prosecutrix's lack of objection.
Whether the length of detention and co-accused's bail influence the grant of bail.
Whether the complainant's affidavit supports the bail application.
5 provisions across 3 enactments
Rupesh Kumar Sahu
State Of Chhattisgarh
Rajendra Chandra Singh Samant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
