Dismissed¶21

Mukesh Khunte v. State of Chhattisgarh

Chhattisgarh HC8 Feb 2024MCRC/633/2024

Case brief

AI extract

What is this about?

Third bail application rejected; Section 439 CrPC; Sections 294, 323, 506, 147, 366, 376, 328 IPC; sexual intercourse on pretext of marriage and assault; incarceration since 04.07.2022; Crime No.49/2022 P.S. Saliha Balodabazar-Bhatapara; earlier applications withdrawn (MCRC 9235/2022) and dismissed on merits (MCRC 964/2022); 28 witnesses in charge-sheet; no possibility of early conclusion of trial; victim raised no objection through camera proceeding; trial expedition direction of 6 months; Chhattisgarh High Court Bilaspur; Justice Sachin Singh Rajput; MCRC No. 633 of 2024.

What did the court decide?

No relief of bail; third bail application rejected. Trial Court directed to expedite the trial and conclude it preferably within 6 months from the date of copy of the order, and copy of the order to be sent immediately to the concerned trial Court.

Mukesh Khunte Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant, in jail since 04.07.2022 in Crime No.49/2022 for offences under Sections 294, 323, 506, 147, 366, 376 & 328 IPC, should be granted regular bail under Section 439 CrPC in his third bail application.

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Court's answer

Bail refused: considering the facts and circumstances, nature of allegations, material collected so far, seriousness of the offence, and that the second bail application was dismissed on merits, the Court is not inclined to grant bail.

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Ratio / Principle

Trial Court directed to expedite the trial and conclude it preferably within a period of 6 months from the date of copy of this order.

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Detailed headnote1 paragraphs

Bail rejected — High Court of Chhattisgarh, Bilaspur (Sachin Singh Rajput, J.), 09.02.2024, MCRC No. 633 of 2024: third regular bail application under Section 439 CrPC by Mukesh Khunte, in jail since 04.07.2022 in Crime No.49/2022 (Police Station Saliha, Balodabazar-Bhatapara) for offences under Sections 294, 323, 506, 147, 366, 376 & 328 IPC, alleging sexual intercourse with the victim on pretext of marriage and assault. First application (MCRC No.9235 of 2022, order dated 17.11.2022) was dismissed as withdrawn with liberty to revive after examination of the prosecutrix; second application (MCRC No.964 of 2022, order dated 17.02.2023) was dismissed on merits. About 28 witnesses were projected in the charge-sheet and majority of material witnesses had been examined. Victim and her brother appeared through camera proceeding and raised no objection to bail. Considering the nature of allegations, material collected so far, seriousness of the offence and the prior dismissal on merits, the Court declined bail and directed the trial Court to expedite and conclude the trial preferably within 6 months from the date of copy of the order.

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 633 of 2024

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Mukesh Khunte S/o Jay Singhkhunte Aged About 22 Years R/o Sonpur, Thana Saliha, District Baloda Bazar-Bhatapara (C.G.)

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---- Applicant

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Versus

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State Of Chhattisgarh Through The Police Station Saliha District Balodabazar-Bhatapara (C.G.)

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---- Respondent

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For the applicant : Mr. Pragalbha Sharma, Advocate For the State : Ms. Upasana Mehta, Dy. G. A.

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S.B.: Hon'ble Shri Justice Sachin Singh Rajput ORDER ON BOARD

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09.02.2024

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The applicant has preferred the third bail application under Section 439 of CrPC for grant of regular bail as he is in jail since 04.07.2022 in connection with Crime No.49/2022 registered at Police Station- Saliha, Balodabazar- Bhatapara (C.G.) for the offence punishable under Sections 294, 323, 506, 147, 366, 376 & 328 of IPC. His first bail application was dismissed as withdrawn with liberty to revive after prosecutrix is examined passed in MCRC No.9235 of 2022 vide order dated 17.11.2022 and his second bail application was dismissed on merits passed in MCRC No.964 of 2022 vide order dated 17.02.2023.

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Facts of the case in brief are that the applicant has committed sexual intercourse with the victim on pretext of marriage and also assaulted her and thus the aforesaid offence has been committed.

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Learned counsel for the applicant submits that though the second bail application of applicant was dismissed on 17.02.2023, however the trial has not concluded as yet, majority of material witnesses have been examined and the applicant is in jail since 04.07.2022. Looking to the number of witnesses, there is no possibility of early conclusion of trial as there are about 28 witnesses projected in the charge-sheet, therefore, he may be released on bail.

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On the other hand, State counsel opposes the bail application and

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submits that looking to nature of allegations and his second bail application was also dismissed on merits, therefore, he is not entitled for grant of bail.

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Victim along with her brother appeared through camera proceeding and raised no objection for grant of bail to the applicant.

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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 and looking to the nature of allegations, material collected so far, seriousness of the offence and his second bail application was dismissed on merits, this Court is not inclined to grant bail to the applicant.

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Accordingly, the third bail application of applicant is rejected. However, trial Court is directed to expedite the trial and conclude the same preferably within a period of 6 months from the date of copy of this order.

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Copy of this order be sent immediately to concerned trial Court.

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Sd/- (Sachin Singh Rajput) Judge

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Parul

Mukesh Khunte v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Mukesh Khunte v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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