This judgment rejects bail applications filed by accused persons charged with kidnapping and sexual assault of a minor below 14 years. The Bench, considering the gravity of the offence and societal impact, denied the benefit of Section 439 Cr.P.C.
Bail application rejected; benefit of Section 439 Cr.P.C. denied to applicants.
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. 1072 of 2019
---- Applicants
Versus
State of Chhattisgarh, through Police Station Makdi, District Kondgaon (CG). ---- Non-applicant
For Applicants : Mr. Pravin Kumar Tulsyan, Advocate For Non-applicant : Mr. S.R.J. Jaiswal, Panel Lawyer
Hon'ble Shri Justice Sharad Kumar Gupta Order On Board
13.05.2019
Sd/-
(Sharad Kumar Gupta) JUDGE
L/-
3 issues framed by the court
Whether to grant bail to applicants accused of kidnapping and rape of a minor under Section 439 Cr.P.C.
Whether the seriousness of offences involving a prosecutrix below 14 years justifies rejection of bail.
Whether the impact on society warrants denial of bail in offences affecting children.
3 provisions across 3 enactments
Farasuram
Laxman Kashyap
State of Chhattisgarh
Sharad Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
