An applicant filed a second bail application under Section 439 CrPC for an offence under Sections 376 and 506 IPC. The High Court held that evaluating the victim's statement at this stage would usurp the trial court's power and dismissed the application.
The instant second bail application was dismissed.
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.
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 5048 of 2017
Rekhchand, S/o. Balkrishna Banote, Aged About 32 Years, R/o. Railway Colony, Ward No.06, Police Station Dongargarh, Civil & Revenue District Rajnandgaon, Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh, Through: Station House Officer, Police Station Ambagarh Chowki, Civil & Revenue District- Rajnandgaon, Chhattisgarh.
---- Respondent
For Applicant : Mr. Sunil Verma, Advocate For Respondent : Mr. Anupam Dubey, Dy. Govt. Advocate
Hon'ble Shri Justice Goutam Bhaduri
Order On Board
04.08.2017
examination of the prosecutrix and now the prosecutrix has been examined and nothing has been stated as to forceful sexual intercourse was committed, therefore, the applicant may be released on bail.
Sd/- (Goutam Bhaduri) Judge
Ashok
3 issues framed by the court
Whether a second bail application should be entertained when the first was dismissed for withdrawal but allowed to be repeated after examination of the prosecutrix.
Whether the statement of the victim should be evaluated by the High Court during the bail hearing amidst allegations of sexual intercourse.
Whether the applicant deserves release on regular bail given the prima facie allegations attributed to him.
1 provisions across 1 enactments
Rekhchand
State Of Chhattisgarh
Goutam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
