In a bail application under Section 439 Cr.P.C. involving charges of enticement and rape against a minor, the single judge court rejected the plea, citing the victim's age below sixteen and the gravity of the offence as grounds to deny bail.
The bail application is rejected; the applicant, Chotu @ Afzal Ansari, is not granted bail.
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. 2407 of 2019
Chotu @ Afzal Ansari, S/o Gafoor Ansari, aged about 22 years, R/o Village Chhatarpur, PS Gadwa, Jharkhand, Present Address Edu Chandrasekharpur, Police Station Chhal, District Raigarh (CG). ---- Applicant Versus
State of Chhattisgarh, through Incharge Officer, Police Station Chhal, District Raigarh (CG). ---- Non-applicant
For Applicant : Mr. Ashutosh Mishra, Advocate For Non-applicant : Mr. Vikram Dixit, Govt. Advocate For Objector : Mr. Amit Singh Chauhan, Advocate
Hon'ble Shri Justice Sharad Kumar Gupta Order On Board
09.05.2019
(Sharad Kumar Gupta) JUDGE
L/-
2 issues framed by the court
Whether the bail applicant should be released on bail in a case involving sexual offences against a minor.
Whether the applicant can avail the benefit of Section 439 Cr.P.C. given the seriousness of the offence.
1 provisions across 1 enactments
Chotu @ Afzal Ansari
State of Chhattisgarh
Sharad Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
