Allowed

Lakhan Lal Sahu v. State of Chhattisgarh

Chhattisgarh HC15 Jul 2022MCRC/5249/2022

Case brief

AI extract

What is this about?

High Court of Chhattisgarh allowed the first bail application filed under Section 439 CrPC. The applicant, accused of offences under IPC Sections 454 and 354 and POCSO Section 8, was granted bail on personal bond with specific conditions including restriction from visiting the prosecutrix's village.

What did the court decide?

Application allowed on personal bond of Rs. 25,000/ with one surety subject to conditions including restriction from visiting prosecutrix's village.

Lakhan Lal Sahu Vs State of… — Constitutional and Fundamental Rights | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 5249 of 2022

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Lakhan Lal Sahu S/o Kishan Lal Sahu, Aged About 46 Years R/o Village Baradwar P.S. Baradwar, District Janjgir Champa (Chhattisgarh) Presently R/o Kauhamuda P.S. Chakradhar Nagar Raigarh, District : Raigarh, Chhattisgarh.

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----Applicant

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Versus

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State Of Chhattisgarh Through SHO- P.S. Chakradhar Nagar, District : Raigarh, Chhattisgarh.

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----Non-applicant

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For Applicant Shri Ishwar Jaiswal, Advocate. For State Ms. Richa Shukla, Dy. Govt. Advocate

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Hon'ble Shri Justice Sachin Singh Rajput

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Order on Board

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15/07/2022

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The applicant has preferred this first bail application under Section 439 of Cr.P.C. as he has been arrested in connection with Crime No.209/2022 registered at Police Station Chakradhar Nagar, District Raigarh, C.G. for the offence punishable under Sections 454, 354 of Indian Penal Code and Section 8 of the POCSO Act.

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The case of the prosecution is that on 07/04/2022 the accused /applicant entered the house of the complainant and caught the hand of the prosecutrix and trying to outrage the modesty of the prosecutrix by pulling her hand and when the younger sister of the applicant shouted upon the applicant then he ran away and thereby the applicant committed the offence and therefore the prosecutrix made written complaint and FIR has been registered against the applicant.

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Learned counsel for the applicant submits that he is innocent and falsely implicated in the present case and he is in jail since 08/04/2022 and trial is likely to take sometime, hence he may be enlarged on bail.

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Prosecutrix present before this Court through Video Conferencing form concerning DLSA and raised her serious objection.

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Per contra, learned counsel for the respondent/State opposes the bail application.

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Heard learned counsel for the parties and perused the record.

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Having considered the rival contention raised by the parties and perused the documents appended with the bail application and considered the submission of the offence, looking to the fact that the statement under Section 164 of CrPC, charge-sheet has been filed, trial is likely to take sometime, without commenting anything on merits of the case, the application is allowed.

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It is directed that in the event of the applicant executing a personal bond for a sum of Rs.25,000/- with one surety to the satisfaction of the concerned trial Court, he shall be released on bail, on following conditions :-

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(i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court,

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(ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and

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(iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial,

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Applicant will be restrained from visiting the village of the prosecutrix.

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It is made clear that these observations are only for the

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purposes of deciding the bail application. The trial Court will decide the case on its own merits without being influenced by any observation made herein-above. It is also made clear that the victim/complainant or State is at liberty to move an application regarding cancellation of bail of the applicant in the event of applicant involving himself in similar offence in future.

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Sd/Sachin Singh Rajput Judge

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Kamde

Lakhan Lal Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Lakhan Lal Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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