Allowed

Keshav Markandey v. the State of Chhattisgarh

Chhattisgarh HC5 Oct 2023MCRC/4659/2023

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed the first bail application filed under Section 439 Cr.P.C. for an offence under Section 376 IPC. The court considered the delay in lodging the FIR, the victim's age, and that the accused was a first-time offender, granting bail on personal and surety bond conditions.

What did the court decide?

Released on bail by furnishing a personal bond for Rs. 25,000/- along with two sureties in like sum.

Keshav Markandey Vs the State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2023)

¶1

¶2

MCRC No. 4659 of 2023

¶3

NAFR

¶4

HIGH COURT OF CHHATTISGARH, BILASPUR

¶5

MCRC No. 4659 of 2023

¶6

Keshav Markandey S/o Mangaldas Markandey Aged About 44 Years R/o Gram Thelki, Tehsil And Police Station Lawan, District Balodabazar (C.G.) ---- Applicant

¶7

Versus

¶8

The State Of Chhattisgarh Through Police Station Lawan, District Balodabazar (C.G.) ---- Respondent

¶9

For Applicant :- Mr. Pragalbha Sharma, Advocate For Respondent-State :- Mr. Vinod Tekam, PL

¶10

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

¶11

05.10.2023

¶12

This is the 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 23.5.2023 in connection with Crime No.50/2023 registered at Police Station Lawan, District Balodabazar (C.G.) for the offence punishable under Section 376 of the IPC.

¶13

Case of prosecution, in brief, is that on 07.3.2023 when victim / prosecutrix, who is a distant relative of present applicant had gone to meet wife of applicant in his house, who was not in the house, applicant took the undue advantage of the situation and forcefully made physical relation with the victim. On the basis of written complaint made by victim on 17.5.2023, present FIR was registered against the applicant.

¶14

Learned counsel for the applicant would submit that applicant is innocent and he has been falsely roped in the present case as it is clear from the fact that FIR was lodged after two months of the

¶15

¶16

MCRC No. 4659 of 2023

¶17

incident. It is further submitted that victim is an adult lady aged about 30 years and having three children. It is next submitted that applicant has been falsely implicated in the present crime only because of a property dispute as wife of applicant is having share in ancestral property of husband of victim. It is further submitted that applicant is in jail since 23.5.2023; charge-sheet has already been filed and this is first crime registered the applicant, hence, he may be enlarged on bail.

¶18

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

¶19

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

¶20

Considering the facts and circumstances of the case; particularly considering the delay in lodging FIR; age of victim and the fact that charge-sheet has already been filed and this is first crime registered against the applicant, hence, I am inclined to grant bail to the applicant.

¶21

Accordingly, the present bail application is allowed. It is directed that applicant shall be released on bail on his furnishing one personal bond for a sum of Rs. 25,000/- along with two sureties in the like sum to the satisfaction of the concerned trial Court on conditions that-

¶22

Applicant shall appear before the trial Court regularly on each and every date, unless exempted from appearance.

¶23

Applicant shall not, in any manner, tamper with the prosecution witnesses.

¶24

If applicant is found involved in similar offence in the future, it will be open for the State to apply for cancellation of bail.

¶25

Certified copy as per rules.

¶26

SD/( N.K. Chandravanshi ) Judge

¶27

Ayushi

Keshav Markandey v. the State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Keshav Markandey v. the State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jugal Kishore Tiwari Vs State of Chhattisgarh

Tulsi Das Manikpuri Vs State of Chhattisgarh

Abhishek Singh Chauhan Vs State of Chhattisgarh

Ashok Sahu Vs State of Chhattisgarh

Jeevan Lakra Vs State of Chhattisgarh

Banshi Bhardwaj Vs State of Chhattisgarh