Single bench order allowing a second bail application filed under Section 439 CrPC. The court allowed bail reasoning that the prosecutrix had denied the prosecution case during her examination.
Bail application allowed; applicant directed to be released on personal bond of Rs. 25,000 with surety of equal 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.
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 1063 of 2019
Bholu @ Ramsharan @ Rahul Shukla S/o Late Shrawan Shukla Aged About 25 Years R/o Village Kukusada Chowki Saket Police Station Pathariya District Mungeli Chhattisgarh. --- Petitioner
Versus
State of Chhattisgarh through Station House Officer, Chowki Saket Police Station Pathariya District Mungeli Chhattisgarh --- Respondent
For the applicant : Mr. Dhirendra Pandey, Advocate. For the Respondent : Mr. Ghanshyam Patel, Govt. Adv.
Hon'ble Shri Justice Goutam Bhaduri
Order on Board
18.02.2019
2
supported the prosecution case. He further submits that the charge sheet has been filed and the applicant is in jail since 02.02.2018 therefore he may be enlarged on bail.
Sd/GOUTAM BHADURI JUDGE
R a o
2 issues framed by the court
Whether the applicant is entitled to regular bail after the prosecutrix denied the prosecution case.
Whether the fact that the prosecutrix denied the case justifies allowing a second bail application.
1 provisions across 1 enactments
Bholu @ Ramsharan @ Rahul Shukla
State of Chhattisgarh
Goutam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
