Allowed

Deepak Bhardwaj v. the State of Chhattisgarh

Chhattisgarh HC19 Apr 2023MCRC/1208/2023

Case brief

AI extract

What is this about?

The Chhattisgarh High Court granted regular bail to an accused charged with rape under Sections 376 and 450 IPC. Considering the delay in FIR lodging, charge-sheet filing, and parity with similar cases, the court allowed bail on a personal bond.

What did the court decide?

Accused released on bail on personal bond of Rs. 50,000 with one surety of like sum to appear in trial court.

Deepak Bhardwaj Vs the 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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M.Cr.C. No. 1208 of 2023

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Deepak Bhardwaj, aged about 20 years, S/o Ramprasad Bhardwaj, by Satnami, R/o Village Nandourkala, Thana and Tahsil Saki, Distt. Sakti (C.G.)

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---- Applicant

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Versus

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The State of Chhattisgarh, Through Police Station Sakti, Distt. Sakti (C.G.)

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----Non-applicant

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For Applicant : Mr. Parag Kotecha, Advocate. For Respondent : Ms. Usha Chandrakar, PL

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Hon'ble Mr. Justice N.K. Chandravanshi

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Order On Board

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19-04-2023

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The accused/applicant has preferred this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail in connection with Crime No. 13 of 2023 registered at Police Station Sakti, Distt. Sakti (C.G.) for commission of offence punishable under Sections 376 & 450 of the Indian Penal Penal Code.

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Allegation against the present applicant in the instant case is that in the night of incident, the applicant unauthorisedly entered into the room of victim/prosecutrix and forcefully committed rape on her and thereby committed the aforesaid offences.

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Learned counsel appearing for the applicant would submit that the victim / prosecutrix was married and adult lady. It is submitted that lodging of report after about more than 2 ½ months itself shows that it is not a case of rape. It is also submitted that applicant is in custody since 17.01.2023; charge-sheet has already been filed and conclusion

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of the trial is likely to take considerable time, hence, the applicant may be enlarged on regular bail.

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

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

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Having heard learned counsel for the parties, having considered the facts & circumstances of the case, particularly, considering the extent of delay in lodging the FIR; and the fact that applicant has been arrested on 17.01.2023; charge-sheet has already been filed; and the fact that applicant is permanent resident of District Sakti, I am inclined to release the applicant on regular bail on the ground of parity. Accordingly, the bail application is allowed.

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Accused/applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- 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 to him by the said Court, till disposal of the trial

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Certified copy, as per rules.

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(N.K. Chandravanshi) Judge

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D/-

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Deepak Bhardwaj v. the State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Deepak Bhardwaj v. the State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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