In bail application under Section 439 Cr.P.C. for offences under IPC 363, 366, 376 and POCSO, Single Judge considered allegations of false implication, delay in FIR, and prosecutrix’s age, allowed bail with bond release to concerned court.
Released on regular bail with personal bond of Rs. 25,000 and one surety of the same 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.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 2344 of 2020
Manoj Kumar @ Monu Dhuliya, S/o Naresh Dhuliya, Aged About 19 Years, R/o Village- Rajadhar, Police Station- Chilpi, District- Kabirdham (C.G.)
--- Applicant
Versus
State of Chhattisgarh, Through- Station House Officer, Police StationChilpi, District- Kabirdham (C.G.)
--- Respondent ________________________________________________________ For Applicant : Mr. Dharmesh Shrivastava, Advocate. For State/ Respondent : Mr. Adil Minhaj, Govt. Advocate.
Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board
05/08/2020
Page 2 of 3 FIR has been lodged on 09.09.2019. Statement of the prosecutrix itself discloses that she accompanied willingly with the applicant. Further, there is no opinion given by the examining doctor regarding any recent sexual intercourse, therefore, no case is made out against the applicant. Hence, it is prayed that this applicant be enlarged on bail.
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applicant on regular bail during pendency of trial against him, hence, I feel inclined to grant bail to the applicant in this case.
Certified copy, as per rules.
Sd/-
(Rajendra Chandra Singh Samant) Judge
Arun
2 issues framed by the court
Whether bail should be granted to the applicant falsely implicated in an offence about sexual assault on a minor given the delay in lodging the FIR.
Whether the prosecutrix’s willingness to stay with the applicant negates the allegations of abduction and sexual assault.
1 provisions across 1 enactments
Manoj Kumar @ Monu Dhuliya
State of Chhattisgarh
Rajendra Chandra Singh Samant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
