Allowed

Mohammad Asif v. State of Chhattisgarh

Chhattisgarh HC15 Mar 2022MCRC/530/2022

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed the second bail application of an applicant charged under IPC and POCSO. Noting the prosecutrix did not support the prosecution case and raised no objection to bail, the court released the applicant on personal bond with a surety and directed court appearance.

What did the court decide?

Application allowed; applicant directed to be released on bail upon executing a personal bond of Rs.25,000 with one surety in like sum.

Mohammad Asif Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 530 of 2022

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Mohammad Asif S/o Noor Mohammad Aged About 23 Years R/o Puchapaar, Katghora, P.S.- Katghora, Teh And District - Korba Chhattisgarh.

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---- Applicant

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Versus

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State Of Chhattisgarh Through S.H.O. P.S.- Katghora, District - Korba Chhattisgarh.

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---- Respondent For Applicant : Shri Aditya Khare, Advocate For Respondent/State : Ms. Akshara Amit, P.L.

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Hon'ble Shri Justice Goutam Bhaduri

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Order On Board

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15/03/2022

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This is the Second Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 02.03.2021 in connection with Crime No. 59/2021 registered at Police Station Katghora for the offence punishable under Section 376, 506 of IPC , Section 3(2)(v) of ST/ SC (Prevention of Atrocities) act and Section 6 of POCSO.

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As per the prosecution case, a report was lodged that from 2017 till 2021, the applicant committed sexual intercourse with the prosecutrix on the pretext of marriage and initially case was registered under section 376 and 506 of IPC and subsequently section 6 of POCSO was added.

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Learned counsel for the applicant submits that this is the second bail

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application, the first bail application was dismissed as withdrawn on 03.01.2022. He further submits that the prosecutrix has been examined before the trial court and she has not supported the case of the prosecution, therefore, no case is made out against the applicant and the applicant may be released on bail.

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

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The prosecutrix appeared before the court thorough video conferencing from D.L.S.A. Korba and do not objected to grant bail to the applicant.

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Heard learned counsel for the parties and perused the records.

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Perused the statement of prosecutrix recorded before the trial court and it appears that she has not supported the case of the prosecution and further no objection has been made for grant of bail before this court also. Taking into such fact without further observation on the merits, I am 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 his executing a personal bond in sum of Rs.25,000/- 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.

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Sd/(Goutam Bhaduri) Judge

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Jyoti

Mohammad Asif v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Mohammad Asif v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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