Dismissed

Xyz v. State of Chhattisgarh

Chhattisgarh HC3 Jul 2023CRMP/592/2023

Case brief

AI extract

What is this about?

The High Court dismissed a petition under Section 439(2) Cr.P.C. challenging the bail granted to the accused in a matrimonial dispute. The court held that as the prosecutrix was a grown adult and the FIR was lodged belatedly, no substantial ground for cancelling bail was established.

What did the court decide?

The Criminal Miscellaneous Petition challenging the bail order was dismissed as it was found to be bereft of substance.

Xyz Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Cr.M.P No.592 of 2023

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Xyz Nill ----Petitione r

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Versus

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State Of Chhattisgarh Through Station House Officer, Police Station Jarhagaon, District Mungeli Chhattisgarh

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Yugal Kishore Sahu S/o Shankar Sahu Aged About 26 Years R/o Village Bazar Para, Jarhagaon, Tahsil And District Mungeli Chhattisgarh ----Respondents

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For Petitioner: Shri BL Sahu, Advocate. For Respondent/State: Shri BP Banjare, Dy. G.A For Objector: Shri Sanjeev Pandey, Advocate.

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Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board

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03.07.2023

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This Petition has been filed by the Petitioner/Complainant under Section 439(2) Cr.P.C challenging the impugned order dated 16.02.2023 passed by the 1^st Additional Sessions Judge, Mungeli in bail application No.H-244/2023, whereby Respondent No.2 was granted bail.

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Shri Sahu submits that accused/Respondent No.2 had love affair with the Petitioner for a substantial period and also promised to marry her but thereafter, refused to marry, therefore, the bail granted to him may be canceled.

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On the other hand, learned State Counsel and the Counsel for the Objector opposed the prayer and submitted that there is a considerable delay in lodging of the FIR, which is more than 2 years as the incident took place on 21.11.2022 and the FIR was lodged on 07.02.2023, the

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prosecutrix is a grown up lady who was in love affair with the accused for several years having knowledge of right and wrong, therefore, no case is made out for cancellation of bail.

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Having heard the submissions of learned Counsel for the parties and considering that the prosecutrix is a grown up lady and FIR was lodged belateldy, therefore, this Court is of the opinion that no case is made out for cancellation of bail.

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Accordingly, the instant Cr.M.P, being bereft of any substance, is hereby dismissed .

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Sd/-

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(Deepak Kumar Tiwari) Judge

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Priya

Xyz v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Xyz v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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