High Court of Chhattisgarh disposed of an application for regular bail filed by an applicant accused of abduction, cheating, and offences under POCSO and SC/ST Act. The court, considering the detention period, allowed the bail.
Regular bail granted on personal bond of Rs. 20,000/- with one surety to the satisfaction of the concerned court.
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.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 6410 of 2018
---- Applicant
Versus
---- Respondent
| For Applicant | : Shri Abhishek Sharma, Advocate |
|---|---|
| For Respondent/State | : Shri Avinash K.Mishra, PL |
Hon'ble Smt. Justice Rajani Dubey
Order On Board
26/09/2018
The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.91/2017 registered at police station Chhuriya (CG) for the offence punishable under Sections 363,366 & 376 IPC; Section 3(2) (v0 of the SC/ST (Prevention of Atrocities) Act and Section 6 of the Protection of Children from Sexual Offences Act.
As per prosecution case, on 24.5.17 when the prosecutrix did not return home in the evening till 7.00 p.m. search was made at her friends house and bus stand but she was not found. Missing report was lodged by father of the prosecutrix that his daughter has been abducted by someone and thereafter she was recovered on 30.08.17 from Maharashtra.
Counsel for the applicant submits that the applicant has been falsely
implicated and that the prosecutrix had gone of her own with the applicant and visited several places. He further submits that the applicant is in jail since 01.09.17 and the trial will take time for final disposal and therefore he may be released on bail.
On the other hand, learned counsel for the State opposes the bail application.
Considering the totality of the facts and circumstances of the case, in particular the detention period of the applicant, I am inclined to release him on bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed.
It is directed that in the event of the applicant’s furnishing a personal bond of Rs. 20,000/- with one surety in the like sum to the satisfaction of the concerned court for his appearance before it as and when directed, he shall be released on bail.
Sd/-
(Rajani Dubey) Judge
jsuguna
2 issues framed by the court
Whether the applicant should be granted regular bail while in custody for a child sexual assault and related offences.
Whether the totality of facts and circumstances warrants the release of the applicant on bail.
1 provisions across 1 enactments
Narendra Kumar Verma
State Of Chhattisgarh
Rajani Dubey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
