In this bail application under Section 439 Cr.P.C., the Court dismissed the prayer for regular bail on the grounds that the case diary revealed life threats against the prosecutrix by other accused persons, rendering the applicant dangerous to release.
Regular bail prayer 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. 820 of 2017
Mahfuz Alam, S/o. Anwarul Haqu Musalman, Aged About 20 Years, R/o. Chumra Vijaynagar, Police Station- Ramanujganj, District- Balrampur, Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh, Through- The Station House Officer, Police Station(A.J.K.) Ambikapur, District- Surguja, Chhattisgarh.
---- Respondent --------------------------------------------------------------------------------------------------For Applicant : Mr. V.C.Ottalwar with Mr. Ishwar Jaiswal, Advocates For Respondent : Ms. Sunita Jain, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri
Order on Board
16/03/2017
Sd/- (Goutam Bhaduri) Judge
Ashok
2 issues framed by the court
Whether bail should be granted to the applicant under Section 439 Cr.P.C. given the threats to the prosecutrix.
Whether the positive allegations in the case diary and threats made to the victim post-arrest justify denying bail.
1 provisions across 1 enactments
Mahfuz Alam
State Of Chhattisgarh
Goutam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
