Allowed

Kamal Agrawal v. State of Chhattisgarh

Chhattisgarh HC19 Nov 2024CRA/1331/2024

Case brief

AI extract

What is this about?

The High Court allowed a criminal appeal against the rejection of a bail application. The Court considered the long incarceration, the nature of allegations, and the lack of recovery of obscene videos, setting aside the trial court's order and releasing the appellant on bail with conditions.

What did the court decide?

Appellant released on bail on furnishing personal bond of Rs. 25,000/- with one surety in the like sum, subject to standard bail conditions.

Kamal Agrawal Vs State of Chhattisgarh — Caste Atrocities | Chhattisgarh HC (2024)

1 / 3

2024:CGHC:45408

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

CRA No. 1331 of 2024

¶6

1 - Kamal Agrawal S/o Mahendra Agrawal Aged About 42 Years R/o Sitamani, Korba P.S. Kotwali, District- Korba, (C.G.), Current Add.- Mudapar Devkinandan Sahu Rented House, Chauki- Manikpur, District- Korba, Taluka, Korba, DistrictKorba, Chhattisgarh.

¶7

...appellant

¶8

versus

¶9

1 - State Of Chhattisgarh Through S.H.O. P.S.- Civilline Rampur, Korba, TalukaKorba, District- Korba, Chhattisgarh.

¶10

... Respondent

¶11

For appellant : Mr. Chitendra Singh, Advocate For Respondent : Mr. Vivek Sharma, Advocate

¶12

Hon’ble Shri Justice Ravindra Kumar Agrawal, J.

¶13

Order on board

¶14

20.11.2024.

¶15

The instant criminal appeal is preferred under Section 14A(2) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short the SC/ST Act) against the order dated 30/05/2024 passed by learned Special Judge (SC/ST) (P.A.) Act, Korba wherein the bail

¶16

2 / 3

¶17

application filed under Section 439 of Cr.P.C. filed by the appellant in Special Case (SC/ST) No. 7/2024, has been rejected.

¶18

The case of the prosecution is that on 20/03/2024, the prosecutrix lodged a report to the Police alleging that in between period of 01/09/2023 to 30/11/2023, the appellant sexually exploited her after administering intoxicated medicine through cold drink and have prepared her obscene video and by giving threatening to her husband that he will get it viral in mobile phone extorted Rs. 4 lakh from him. On the report made by the prosecutrix, the FIR has been registered against the appellant and he has been arrested on 20/03/2024 and after investigation charge-sheet has been filed.

¶19

Learned counsel for the appellant would submit that there was a money transaction dispute between the appellant and the prosecutrix which was demanded by the appellant from them and in order to avoid their liability to repay the amount borrowed by them, the prosecutrix has lodged the report. No obscene video as alleged has been recovered either from the possession of the appellant or his mobile phone or even from the mobile phone of the prosecutrix. The appellant is in jail since 20/03/2024 and final adjudication of the case will take its own time, therefore, he may be enlarged on bail.

¶20

On the other hand, learned counsel for the State opposes and has submitted that from the allegation levelled by the prosecutrix it appears that she was sexually exploited by the appellant after giving threatening to her and administering the intoxicated medicine through the cold drink and take advantage of her condition. Therefore, he is not entitled for bail.

¶21

I have heard learned counsel for the parties and perused the documents annexed with the case.

¶22

3 / 3

¶23

Considering the submissions made by learned counsel for the parties, further considering the nature of allegation and material collected during the investigation, further considering that the appellant is in jail since 20/03/2024 and there is no recovery of any obscene video, final adjudication of the case will take its own time, I am inclined to release him on bail.

¶24

Consequently, the appeal filed by the appellant is allowed and the impugned order dated 30/05/2024 passed by the learned trial Court is set aside and the appellant is directed to be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, on following conditions:-

¶25

(i) He Shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court.

¶26

(ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial.

¶27

(iii) He shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial.

¶28

It is made clear that any observation made in this order is restricted only for consideration of the present appeal. The learned trial Court shall decide the case on its own merits without being influenced by any observation made in this order.

¶29

Sd/-

¶30

(Ravindra Kumar Agrawal) Judge

¶31

Sagrika

Kamal Agrawal v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Kamal Agrawal v. 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

Vedansh Jaiswal Vs Sanjay Jaiswal

Doman Kanwar Vs State of Chhattisgarh

Mukesh Jaiswal Vs State of Chhattisgarh

Smt. Lata Singh Thakur Vs Dinesh Singh Thakur

Tarun Hathel Vs State of Chhattisgarh

Swapnil Hatile Vs State of Chhattisgarh