The High Court of Chhattisgarh rejected an application for regular bail filed by an applicant accused of abducting and sexually assaulting a minor under POCSO and IPC offences, holding that the serious nature of the crime and the victim's age preclude bail at the current stage.
Bail application rejected; applicant not released on bail.
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. 3589 of 2018
Puneet Kumar Sahu, S/o Dayalu Ram Sahu, Aged About 32 Years, R/o- Village Parpoda, P.S. Saja, District- Bemetara, Chhattisgarh, Presently R/o- Tiranga Chowk, Amleshwar, P.S. Amleshwar, District- Durg, Chhattisgarh.
---- Applicant
Versus
State of Chhattisgarh Through Station House Officer, P.S. Mohannagar, Durg, District- Durg, Chhattisgarh.
---- Non-Applicant
For Applicant : Shri Amiyakant Tiwari, Advocate. For Non-Applicant/State : Shri V. B. Singh, P. L.
Hon'ble Shri Justice Sanjay Agrawal
Order On Board
18.09.2018
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namely, Chandrakala, has lodged the report on 14.05.2016, that someone has abducted her daughter. On the basis of the said report, an investigation has been made which reveals that the present applicant has committed the sexual intercourse with the prosecutrix, the minor, aged 15 years 6 months old, on the pretext of marriage with her. Further prosecution story is that the present applicant has forcefully kept the said prosecutrix in his friend Kishan Mandle's house, the other co-accused person and thereafter sent her to Raigarh with his said friend who has kept her with him and as per the instructions of present applicant, he (Kishan Mandle) took the prosecutrix to Sultanpur (U.P.), where he kept her for 3 months and thereafter took her to Nawagarh (Bemetara). It reveals further from the investigation that said Kishan kept her (prosecutrix) with his parents for a period of 3 months and then took her to the village Kavas at Gujarat, where he assaulted the prosecutrix and committed sexual intercourse with her. Based upon this investigation, the charge sheet has been filed on 10.04.2018 before the concerned Court for the offence as mentioned aforesaid.
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Kishan Mandle and not against the present applicant, and therefore, under such circumstances, he may be enlarged on bail.
Sd/( Sanjay Agrawal ) Judge
Deepti Jha
2 issues framed by the court
Whether bail is maintainable in a case involving serious offences against a minor under the POCSO Act and IPC.
Whether the applicant, accused of abduction and rape of a 15-year-old, should be released on bail at this stage.
5 provisions across 3 enactments
Puneet Kumar Sahu
Sanjay Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
