Held that the applicant is inclined to be released on bail under Section 439 Cr.P.C considering prosecution evidence, despite lack of medical report and delay in FIR, directing execution of personal bond.
Applicant released on bail on execution of personal bond of Rs. 20,000/- with one surety for like amount.
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
MCRC No. 5001 of 2018
Lalit Raj Mourya S/o Omprakash Mourya, aged about 26 years R/o Matadevalay Ward, Bhatapara, Police Station Bhatapara (Shahar), District Baloda Bazar (C.G.).
--- Applicant
Versus
State of Chhattisgarh, through Police Station Bhatapara (Shahar), District Baloda Bazar-Bhatapara (C.G.).
| ---- Respondent | |
|---|---|
| For Applicant | : Mr. Dheerendra Pandey, Advocate |
| For Respondent | : Mr. Adil Minhaj, PL |
| For Objector | : Mr. Hemant Gupta, Advocate |
Hon'ble Shri Justice Arvind Singh Chandel Order on Board
12/12/2018
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against the Applicant and his father stating therein that the Applicant had committed sexual intercourse with her on the pretext of marriage. He also abused her and threatened her. It was further alleged that the Applicant was having love affair with the Prosecutrix and they known to each other through Facebook. On 06/09/2017, the Applicant called the Prosecutrix at Bhatapaa City Mall and took her to a constructed area near Laxmi Narayan Mandir, where he committed rape with her and caused injury in her vital organ of the body. It was further alleged that the Applicant used to blackmail her. On the basis of above report, offence has been registered. The Applicant has been taken into custody on 07/05/2018.
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application.
Sd/- (Arvind Singh Chandel) Judge
Rahul
2 issues framed by the court
Whether the applicant should be granted bail under Section 439 Cr.P.C being accused of rape and other offences.
Whether the delay in filing the FIR and absence of medical report suggest consent and justify bail.
1 provisions across 1 enactments
Lalit Raj Mourya
State of Chhattisgarh
Arvind Singh Chandel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
