Allowed

Mukesh Sahu v. State of Chhattisgarh

Chhattisgarh HC16 Jun 2023MCRC/2448/2023

Case brief

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What is this about?

The Chhattisgarh High Court allowed a bail application under Section 439 CrPC. Although a charge-sheet was filed for offences under IPCs 376 and 450, the court released the applicant on personal bond considering no video evidence was seized and the relationship stemmed from a love affair.

What did the court decide?

Released on bail by executing a personal bond of Rs. 25,000/- with one surety; directed to appear on trial Court dates.

Mukesh Sahu Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 2448 of 2023

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Mukesh Sahu S/o Nandulal Sahu Aged About 24 Years R/o Village Arjuni Tehsil Dongargaon, District- Rajnangaon, (C.G.), Present R/o Manpur Police Station Manpur District- Mohala, Manpur AmbagarhChowki, Chhattisgarh.

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----Applicant

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Versus

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State Of Chhattisgarh Through Station House Officer, Police StationChilhati, District- Rajnandgaon, Chhattisgarh.

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---- Respondent

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For Applicant	: Shri Aditya Bhardwaj, Advocate
For Respondents /State	: Shri Jitendra Pali, Dy. AG

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Hon'ble Shri Justice Goutam Bhaduri

Order on Board

16/06/2023

Heard.

This is the First 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 18/01/2023 in connection with Crime No.06/2023 registered in Police Station Chilhati, District Rajnandgaon (C.G.) for offence punishable under sections 450, 376 of IPC.

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As per the prosecution case, the applicant on the pretext of marriage committed sexual intercourse with the prosecutrix and also prepared the

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mobile video and on giving threat to make the video viral again committed sexual intercourse.

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Learned counsel for the applicant submits that the statement of the prosecutrix itself would show that they were in love relation and the prosecutrix is major. He would further submit that the charge-sheet in this case has been filed wherein the evidence of seizure of any video do not find place, therefore, the applicant may be released on bail.

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Per contra, learned State counsel opposes the prayer for grant of bail and he read out the statement of the prosecutrix.

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Having considered the statement and also for the fact that no video was seized only on the statement of the prosecutrix the applicant has been inculpated and also taking into that the charge-sheet in this case has been filed; no further investigation is necessary; and the prosecutrix is major, 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/-

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Goutam Bhaduri Judge

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Ashu

Mukesh Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Mukesh Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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