This order grants regular bail to a 21-year-old applicant accused of outraging modesty and sexual offences against a minor under Section 439 Cr.P.C., HC Chhattisgarh, directing release against a bond of Rs. 25,000.
Applicant granted regular bail against execution of personal bond of Rs. 25,000 with one surety.
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. 6915 of 2017
---- Applicant
Versus
---- Non-applicant
For Applicant – Shri Pushpendra Kumar Patel, Advocate. For Non-applicant/State – Shri Wasim Miyan, Panel Lawyer.
Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board
12-01-2018
3 . Learned counsel for the State/non-applicant opposes the application and submission made. It is submitted that age of the
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prosecutrix was 17 years, 11 months on the date of incident and she has made clear statement against the applicant regarding commission of the offence. Hence, the applicant is not entitled for grant of bail.
Sd/-
(Rajendra Chandra Singh Samant) Judge
Aadil
3 issues framed by the court
Whether the applicant is entitled to regular bail in a case involving Section 354, 354-A IPC and Section 8 POCSO charges upon completion of investigation.
Whether detention of the applicant serves any purpose when the trial is likely to take considerable time.
Whether the applicant should be released on surrender of a personal bond with one surety.
5 provisions across 3 enactments
Somanth @ Bau Yadav
Rajendra Chandra Singh Samant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
