Allowed

Devid Kumar v. State of Chhattisgarh

Chhattisgarh HC10 Jan 2024MCRC/197/2024

Case brief

AI extract

What is this about?

In this third bail application, the High Court of Chhattisgarh allowed the release of the accused-applicant on personal bond for Rs.25,000 with a surety. The court was inclined to grant bail considering the nature of accusation, statement changes by companions, and pretrial detention without commenting on merits.

What did the court decide?

Released on bail on personal bond in the sum of Rs.25,000 with one surety for the like sum.

Devid Kumar Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2024)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 197 of 2024

¶4

Devid Kumar S/o Late Devraj Kumar Aged About 37 Years Resident Of Near Khusboo Vihar, Village- Pahanda, Distt- Durg, Chhattisgarh At Present Near Rohanipuram Talab, Ps- D.D. Nagar, District : Raipur, Chhattisgarh --- Applicant.

¶5

Versus

¶6

State Of Chhattisgarh through Station House Officer, Police StationDeen Dayal Nagar, Ps- D.D. Nagar, Raipur,, District : Raipur, Chhattisgarh --- Respondent.

¶7

CAUSE TITLE DOWNLOADED FROM CIS PERIPHERY

¶8

----------------------------------------------------------------------------------------------For Applicant : Mr. S. P. Sahu, Advocate. For Respondent/State : Ms. Shubha Shrivastava, PL.

¶9

Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board

¶10

11.01.2024

¶11

This third bail application under Section 439 of the Cr.P.C. has been filed by the accused/applicant who has been arrested in connection with Crime No.616/2022 registered at Police Station Deen Dayal Nagar, Rapur for the offence under Sections 376 (2) (N), 376 (3) (2) (च्) & 506 of the IPC and Section 6 of the POCSO Act, 2012.

¶12

2. According to the prosecution case, on 15.04.2022 the accused/ applicant took the minor prosecutrix to one hotel near Mahadevghat and committed rape with her and also threatened to kill her in case she disclose such act to anyone. Again on 13.12.2022 in the night hours the accused repeated the said act with the prosecutrix. Based on such allegations, report was lodged against the accused/applicant.

¶13

It is pertinent to mention here that earlier bail applications filed by the applicant were dismissed as withdrawn vide MCRC Nos.3127/2023 & 7573/2023.

¶14

¶15

3. Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in the crime in question. He also submits that though before the trial Court on 16.03.2023 mother of the prosecutrix has raised objection for grant of bail but now the prosecutrix and her mother have been examined and they have not supported the case of the prosecution. He further submits that the applicant is languishing in jail since 18.12.2022 and the trial is not concluded so far. Therefore, the applicant may be enlarged on bail.

¶16

4. Per contra, learned State counsel opposes the prayer for bail.

¶17

5. Having regard of aforesaid submissions and considering the nature of accusation, further considering the statement of prosecutrix and her mother and also keeping in view the period of pretrial detention of the applicant, without commenting anything on merits, I am inclined to release the applicant on applicant.

¶18

6 . Accordingly, the application is allowed and it is directed that on applicant’s furnishing a personal bond in the sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the concerned Court, the applicant shall be released on bail on the following conditions:-

¶19

a) he shall not repeat similar conduct or involve himself in any offence of similar nature in future,

¶20

b) he shall not act in any manner which will be prejudicial to fair and expeditious trial,

¶21

c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of case.

¶22

Sd/-

¶23

(Deepak Kumar Tiwari) Judge

¶24

Ajay

Devid Kumar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Devid Kumar 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

Harish Sangtani @ Ricky Vs State of Chhattisgarh

Rohit Kumhar Vs State of Chhattisgarh

Smt. Damayanti Debta Vs Sheshdeo Debta (Dead)

Bindo Bai Vs State of Chhattisgarh

State Of Chhattisgarh Vs Dhaniram Khairwar

Smt. Premiya Bai Vs State Of Chhattisgarh