This judgment is the first bail application under Section 439 CrPC in a case involving offences under IPC and POCSO Act where the prosecutrix was below sixteen years at the time of incident. The High Court rejected the bail application due to the seriousness of the offence and the impact on society.
The first bail application is rejected.
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. 1324 of 2019
Mukesh Kumar Sakat S/o Ramgopal Sakat, Aged About 18 Years, 10 Months, R/o Aachhidongari, Chowki, Chilfi, P.S. Lormi, District Mungeli Chhattisgarh., District : Mungeli, Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh Through The Station House Officer, Police Chowki Chilfi, P.S. Lormi, District Mungeli Chhattisgarh.
---- Respondent
For the Applicant : Ms. Renuka Digraskar, Advocate For the State : Shri SRJ Jaiswal, Panel Lawyer For the Informant : Shri Ramnarayan Sahu, Advocate -----------------------------------------------------------------------------------------------
Hon'ble Shri Justice Sharad Kumar Gupta
Order On Board
13/05/2019
Sd/-
(Sharad Kumar Gupta) Judge
Kamde
3 issues framed by the court
Whether the first bail application filed under Section 439 CrPC in a case involving offences under IPC and POCSO Act should be accepted.
Whether bail should be granted to an applicant who was accused of sexually assaulting a minor (below 16 years) on pretext of marriage.
Whether the seriousness of the alleged offence and impact on society justify rejection of bail in a POCSO case.
3 provisions across 3 enactments
Mukesh Kumar Sakat
State Of Chhattisgarh Through The Station House Officer, Police Chowki Chilfi, P.S. Lormi, District Mungeli Chhattisgarh
Sharad Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
