In the second bail application for an offence under IPC 376 and POCSO 4, the High Court held there was no material change in circumstances following the initial rejection based on a prima facie case, and granted the motion.
Second bail application rejected.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 7204 of 2019
Ravindra Kujur @ Rajendra Kujur S/o Lalsay Aged About 21 Years R/o Village - Kunwarpur, (Jhadipur), P.S. And Tahsil - Lakhanpur, District Surguja Chhattisgarh....(In Jail), District : Surguja (Ambikapur), Chhattisgarh
---- Applicant
Versus
State Of Chhattisgarh Through Police Station Lakhanpur, District Surguja Chhattisgarh....(Non Applicant), District : Surguja (Ambikapur), Chhattisgarh
---- Respondent
For the Applicant : Shri Sunil Tripathi and Ms. Versha Sharma, Advocates For the State : Shri Praveen Shrivastava, P.L.
Hon'ble Shri Justice Sharad Kumar Gupta
Order On Board
06/12/2019
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PW-4 prosecutrix. She further submitted that in these circumstances applicant may be released on bail.
Sd/-
(Sharad Kumar Gupta) Judge
Kamde
2 issues framed by the court
Whether there was any material change in circumstances to justify granting bail in the second bail application regarding offences under Section 376 IPC and Section 4 POCSO Act.
Whether the hostile testimony of the prosecutrix and her parents altered the prima facie case to warrant bail.
1 provisions across 1 enactments
Ravindra Kujur
State Of Chhattisgarh
Sharad Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
