Allowed

Pappu Kumar v. State of Chhattisgarh

Chhattisgarh HC21 Dec 2021MCRC/9717/2021

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a bail application under Section 439 Cr.P.C. invoking its inherent power to release the applicant on a personal bond with one surety, noting the applicant's incarceration since August 2021. The court directed appearance before the trial court without commenting on the merits.

What did the court decide?

The petitioner was released on bail on executing a personal bond for Rs. 10,000 with one surety.

Pappu Kumar Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2021)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 9717 of 2021

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Pappu Kumar S/o Shri Lalta Prasad Aged About 32 Years R/o Mohan Colony, Haldibadi, Police Station And Tahsil Chirmri, District Koriya Chhattisgarh.

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---- Applicant

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Versus

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State Of Chhattisgarh Through Station House Officer, Police Of Police Station Chirmiri, District Koriya Chhattisgarh.

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---- Respondent

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For Applicant :- Mr. Anil Gulati, Advocate For Respondent-State :- Mr. Wasim Miyan, PL

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Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board

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21/12/2021

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The applicant has preferred this first bail application under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with crime No.285/2021 registered in Police Station Chirmiri, District Koriya C.G. for the offence punishable under Sections 376(2)(n), 454, 506 of the I.P.C.

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Case of the prosecution, in brief, is that a report was lodged against the applicant by the prosecutrix alleging that prior to 6 years, when husband of the prosecutrix was not present, the applicant entered in her house and established physical relationship with her and thereafter she became pregnant and blessed with a daughter, who is now aged about two

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years.

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Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated. He would further submit that it is a case of consent as the prosecutrix a married lady, aged about 30 years, therefore, the he may be released on bail.

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Per contra, learned State counsel would oppose the prayer for grant of bail.

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Considering the facts and circumstances of the case particularly considering the fact that applicant is in jail since 30.8.2021; prosecutrix is a major lady aged about 30 years and was in a relationship with the applicant, therefore, without commenting on merits, this Court is inclined to release the applicant on bail.

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Accordingly, the application is allowed and the applicant is directed to be released on bail on executing a personal bond for a sum of Rs.10,000/- with one surety for the like amount 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.

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Certified copy as per rules.

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SD/-

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( Deepak Kumar Tiwari ) Judge

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Ayushi

Pappu Kumar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Pappu Kumar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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