Allowed

Bhuneshwar Patel @ Narad v. State of Chhattisgarh

Chhattisgarh HC18 Apr 2023MCRC/1093/2023

Case brief

AI extract

What is this about?

In MCRC No. 1093 of 2023, the Chhattisgarh High Court granted regular bail to the applicant, who was arrested in connection with offences including molestation, assault, and an atroity against a scheduled caste/tribe victim.

What did the court decide?

The application under Section 439 CrPC is allowed; the applicant is directed to execute a personal bond with one surety and be released on bail.

Bhuneshwar Patel @ Narad Vs State of Chhattisgarh — Caste Atrocities | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 1093 of 2023

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Bhuneshwar Patel @ Narad S/o Santosh Patel Aged About 23 Years R/o Village- Gorkhapali, Police Station- Malkharoda, District- Janjgir-Champa, (Now District- Sakti) Chhattisgarh,

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---- Applicant

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Versus

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State Of Chhattisgarh Through The Station House Officer, Police Station- Malkharoda, District- Janjgir-Champa (Now District- Sakti) Chhattisgarh,

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---- Respondent ---------------------------------------------------------------------------------------------- For Applicant : Mr. Ishwar Jaiswal, Advocate For Respondent/State : Mr. GP Kurre, Panel Lawyer

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Hon'ble Shri Justice N.K. Chandravanshi Order On Board

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18.4.2023

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1 . This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested on 20.12.2022 in connection with Crime No.55/2022 registered at Police Station Malkharoda Distt. Janjgir Champa (now Distt. Sakti) (C.G.), for the offence punishable under Sections 354 & 452 of the Indian Penal Code, Section 8 of Protection of Children from Sexual Offences Act, and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities), Act.

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2. Facts of the case, in brief, are that on 23.02.2022, the applicant went to the house of minor victim/prosecutrix, who was aged about 14 years on the date of incident, molested her by holding her hands and pressing her breast.

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3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would further submit that due to previous enmity of the family members of the prosecutrix and the applicant, the applicant has been falsely implicated in this case. He would next submit that the applicant is in jail since 20.12.2022 and charge sheet has already been filed, hence, the applicant may be enlarged on bail.

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4. Per contra, learned counsel for the State opposed the statements of learned counsel for the applicant.

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5. I have heard learned counsel for the parties, perused the case diary and material available on record.

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6. Having regard to facts and circumstances of the case and also considering the detention period of the applicant and charge sheet has already been filed, I feel inclined to grant bail to the applicant. Therefore, the application under Section 439 of the CrPC is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.25,000/- with one surety of the like sum to the satisfaction of the concerned trial Court for his appearance before the concerned Court as and when directed by the said court, he be released on bail.

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Certified copy as per rules.

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Sd/(N.K. Chandravanshi) JUDGE

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Bini

Bhuneshwar Patel @ Narad v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Bhuneshwar Patel @ Narad v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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