Allowed

Kunal Jagat v. State of Chhattisgarh

Chhattisgarh HC18 Jun 2024MCRC/3197/2024

Case brief

AI extract

What is this about?

This Single Judge bail application involved an applicant accused of kidnapping and raping a minor prosecutrix under IPC and POCSO. While the prosecutrix opposed bail, the Court, considering the age of the victim and case diary evidence, granted regular bail with a personal bond to a trial Court.

What did the court decide?

Application under Section 439 Cr.P.C. for regular bail allowed; applicant directed to be released on a personal bond of Rs. 25,000 with one surety to the trial Court.

Kunal Jagat Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 3197 of 2024

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1 - Kunal Jagat S/o Varun Jagat Aged About 19 Years R/o Balmiki Nagar, Near Shiv Mandir, Block-5, Police Station Kabir Nagar, Raipur, District : Raipur, Chhattisgarh

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---- applicant

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Versus

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1 - State Of Chhattisgarh Through- Station House Officer, Police StationKabir Nagar Raipur, District : Raipur, Chhattisgarh

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---- Respondent

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For Applicant : Mr. C.R. Sahu, Advocate For Respondent/ State : Mr. Pramod Shrivastava, G.A.

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Hon’ble Shri Justice Ravindra Kumar Agrawal, J.

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Order on board

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19.06.2024.

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Heard on the application filed under Section 439 of Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 29/11/2024 in connection with Crime No. 234/2023 registered at P.S. Kabir Nagar, Raipur (CG) for the offence under Section 363, 366 and 376 of IPC and Section 4, 6, 12 of POCSO Act.

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Pursuant to the order dated 03/05/2024, the prosecutrix along with her mother appeared in person before this Court and raised objection in granting bail to the applicant.

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As per the prosecution’s case, the prosecutrix, aged about 17 years and 01 month, was missing since 25/11/2023 and missing report has been lodged on 26/11/2023 by her mother. During the investigation, she was recovered on 28/11/2023 from the

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possession of the present applicant and the offence has been registered in which the present applicant has been arrested. It is alleged that the minor prosecutrix was kidnapped by the applicant and he committed rape upon her from 25/11/2023 to 28/11/2023 and therefore the applicant has been arrested in the offence.

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Learned counsel for the applicant would submit that the applicant is innocent. The prosecutrix is a major girl, having love affair with the applicant and eloped with him on her own will. She resided with the applicant without there being any protest and when she came to know that her mother has lodged a missing report, she returned back to her parents house and under the pressure of her parents, she made statement against the applicant. He would also submit that the applicant is in jail since 29/11/2023 and the trial of the present case will take its own time and therefore, he may be released on bail.

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On the other hand, learned counsel for the State opposes and submits that the minor prosecutrix was subjected to rape by the applicant and some of the witnesses have already been examined and therefore, the applicant is not entitled for bail.

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

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Considering the submissions made by learned counsel for the parties, considering the nature of allegation, age of the prosecutrix and the over all evidence available in the case diary, I am inclined to release the applicant on bail.

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Consequently, this application filed by the applicant under

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Section 439 of Cr.P.C. for grant of regular bail is hereby allowed.

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It is directed that the applicant Kunal Jagat shall 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, for his appearance on each date of hearing before the trial Court unless exempted.

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Sd/-/-

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(Ravindra Kumar Agrawal) Judge

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Sagrika

Kunal Jagat v. State of Chhattisgarh

Case brief

What is this about?

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Kunal Jagat v. State of Chhattisgarh

Case brief

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