First bail application under Section 439 Cr.P.C. rejected in a POCSO case involving forcible sexual intercourse with a minor under 15. Court considered seriousness of offence and societal impact.
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. 1445 of 2019
---- Applicant
Versus
---- Non-applicant
For Applicant : Ms. Pragya Pandey, Advocate. For Non-applicant : Ms. M. Asha, Panel Lawyer
Hon'ble Shri Justice Sharad Kumar Gupta Order On Board
08.05.2019
Sd/(Sharad Kumar Gupta) JUDGE
kishore
2 issues framed by the court
Whether bail should be granted in a case involving forcible sexual intercourse with a victim under 15 years of age under Section 376 and 506 IPC.
Whether the delay in FIR and lack of support in medical reports justify release on bail in a serious offence against a child.
5 provisions across 3 enactments
Prakash Mallik
State Of Chhattisgarh
Sharad Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
