Allowed

Chiman Patel v. State of Chhattisgarh

Chhattisgarh HC13 Jun 2024MCRC/2943/2024

Case brief

AI extract

What is this about?

The High Court allowed a second bail application under Section 439 Cr.P.C. for an applicant detained since August 2022 in a case involving sexual offence and cyber-crime charges. The court directed release on a personal bond with a surety without commenting on the merits of the case.

What did the court decide?

Release on bail by furnishing a personal bond of Rs. 25,000/- with one solvent surety of the like amount.

Chiman Patel Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2024)

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 2943 of 2024

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Chiman Patel S/o Loknath Patel Aged About 25 Years R/o Bhairadihi Police Station Korar, District- Kanker, Chhattisgarh.

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---- Applicant

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Versus

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

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---- Respondent

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For Applicant : Mr. Shubham Tripathi, Advocate For State : Mr. Gary Mukhopadhyay, G.A.

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Hon'ble Shri Justice Sachin Singh Rajput

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Order On Board

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14.06.2024

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The applicant has preferred this Second bail application under Section 439 of the Cr.P.C. for grant of regular bail as he is in jail since 22.08.2022 in connection with Crime No.101/2022 registered at Police Station- Mohla District- Rajnandgaon (C.G.) for the offence punishable under Sections 450, 376(2)(n), 506 of IPC and 66(E), 67, 67(A) of IT Act.

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The first bail application was dismissed vide order dated 02.02.2023 passed in MCRC No. 131 of 2023.

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The case of prosecution in brief, is that the complainant made a report alleging that the applicant committed sexual intercourse with prosecutrix and also made video and blackmailed her for committing the intercourse.

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Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely implicated in this case. He further submits that the prosecutrix is a major lady and she is able to know her well being and looking to her statement she appears to be a consenting party and allegation appears to be unrealistic or unreasonable. He submits that the majority of the prosecution of the witnesses including the prosecutrix have been examined and their statements do not inspire confidence particularly looking to the cross-examination of the prosecutrix, she cannot be termed as a sterling witnesses. He further submits that

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the applicant is in jail since 22.08.2022 and the trial is not concluded as yet and charge-sheet has been filed, therefore, he may be released on bail.

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On the other hand, Counsel for the State opposes the bail application and submits that looking to the evidence collected and looking to the statement of victim, application may be rejected.

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I have heard learned counsel for the parties and perused the case diary.

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Considering the facts and circumstances of the case, considering the rival submissions made by counsel for parties, looking to the detention period, material available on record and without commenting anything on merits, I am inclined to allow this bail application.

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Accordingly, the bail application filed by applicant is allowed and it is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs. 25,000/- with one solvent surety for the like amount to the satisfaction of the concerned trial Court. He shall appear before the trial Court on each and every date given by the said trial Court, till disposal of the trial.

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It is made clear that the observations made hereinabove is only for the purpose of deciding the bail application and the trial Court will decide the case on its own merit without being influenced by any observation made hereinabove. It is also made clear that the victim/complainant or State is at liberty to move an application regarding cancellation of bail of the applicant in the event of applicant involving himself in similar offence in future and restrained from meeting any of the prosecution witnesses. Applicant will not leave the State without the permission of Trial Court.

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Certified copy as per rules.

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Sd/(Sachin Singh Rajput ) Judge

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H.Ansari

Chiman Patel v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Chiman Patel v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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