This is a third bail application under Section 439 Cr.P.C. in a POCSO case. The court dismissed the application and directed the trial court to conclude the trial expeditiously by ensuring the presence of the prosecutrix, who had been evading examination.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
M.Cr.C. No. 257 of 2016
Uttam Nag S/o Shri Sajan Nag Aged About 25 Years Permanent Resident Of Village Malpuda Godam, Jhopadpatti, Near Rly. Station, Balangir, Distt. Balangir, Orissa.
---- Applicant
Versus
State Of Chhattisgarh Through Station House Officer, P.S. Amleshwar, Distt. Durg, Chhattisgarh.
---- Respondent
For Applicant: Mr. B.P. Rao, Advocate For State: Mr. Ashok Swarnkar, P.L.
Hon'ble Shri Justice P. Sam Koshy Order on Board
15.01.2016
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examined before the Court below. On the ground that Prosecutrix was deliberately avoiding her presence before the Trial Court, the second bail application was filed but the same was dismissed as withdrawn on 10.07.2015 whereby the direction was issued to Court below to ensure presence of the prosecution witnesses particularly the Prosecutrix before the Court so that the evidence is recorded and the trial is concluded at the earliest.
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Applicant may not be released on bail in the interest of trial as the possibility of the Applicant trying to put undue influence cannot be ruled out.
Sd/(P. Sam Koshy) JUDGE
kishore
2 issues framed by the court
Whether bail should be granted to the applicant in a POCSO case where the prosecutrix is completing her evidence.
Whether the delay in completing trial proceedings justifies the grant of bail.
1 provisions across 1 enactments
Uttam Nag
State Of Chhattisgarh
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
