Single judge allowed a bail application filed under Section 439 CrPC for an accused charged under IPC 376 and POCSO sections. Bail was granted after noting that key prosecution witnesses, including the prosecutrix, had turned hostile.
Release on bail by furnishing a personal bond of Rs. 25,000 with one surety in like sum.
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.
Page No.1
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 1350 of 2019
---- Applicant
Versus
---- Respondent
For Applicant : Mr. Dheerendra Pandey, Advocate. For Respondent : Mr. Lav Sharma, Panel Lawyer.
Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board
02/08/2019
Page No.2
Sd/-
(Rajendra Chandra Singh Samant) Judge
Nisha
2 issues framed by the court
Whether to grant regular bail to an accused accused of POCSO offences where prosecution witnesses have turned hostile.
Whether the personal bond condition satisfies the requirements of bail under Section 439 CrPC.
3 provisions across 3 enactments
Balakdas, S/o Shri Pyarelal Baghel
State Of Chhattisgarh Through Station House Officer, City Kotwali, District-Mungeli
Rajendra Chandra Singh Samant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
