In a bail application under Section 439 CrPC in a gang rape case involving a prosecutrix under 16 years, the Chhattisgarh High Court rejected the plea considering the severity of the offence and impact on society.
Bail application rejected; Applicants are not released on 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.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 4066 of 2019
---- Applicants
Versus
State Of Chhattisgarh Through Station House Officer, Police Station Kukdur, District Kabirdham Chhattisgarh.
---- Respondent
For the Applicants : Shri Dharmesh Shrivastava, Advocate For the State : Shri Ravi Maheshwari, Panel Lawyer
Hon'ble Shri Justice Sharad Kumar Gupta
Order On Board
22/08/2019
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motorcycle to forest. In forest applicant No. 2 Saroj, Applicant No. 3 Durgesh, co-accused Sonu and Keshav reached there. They committed forcible sexual intercourse with her one by one.
Sd/- (Sharad Kumar Gupta) Judge
Kamde
2 issues framed by the court
Whether the Applicants are eligible for bail under Section 439 CrPC in a case involving serious offences against a child below 16 years.
Whether the prima facie case and seriousness of the offence including impact on society justify rejection of bail.
3 provisions across 3 enactments
Sitaram S/o Kabari Markam
Saroj S/o Dulashram Paraste
Durgesh S/o Mohit Yadav
State Of Chhattisgarh
Sharad Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
