High Court of Chhattisgarh allowed a bail application filed under Section 439 Cr.P.C. for an applicant accused of offences under IPC and POCSO. The Court held the case fit for release on bail and directed attachment of a personal bond.
Bail allowed; applicant directed to furnish personal bond of Rs.25,000 with one surety.
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
M.CR.C. No. 2794 of 2020
Ramkewal Manikpuri, S/o. Late Jodha Ram, aged about 22 years, R/o. Lawa, Out Post - Vijaynagar, Police Station Ramanujganj, District Balrampur - Ramanujganj, Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh, Through : Police Station AJAK, Balrampur, District Balrampur-Ramanujganj, Chhattisgarh.
---- Respondent
For Applicant : Mr. Pushkar Sinha, Advocate For Respondent/State : Mr. Adil Minhaj, G.A.
Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board
13/08/2020
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against the applicant. The prosecutrix was not minor on the date of incident. Only reliance of the prosecution regarding the minority of the prosecutrix is the entry in the school register, which is not a conclusive proof, otherwise the prosecutrix had been a consenting party, who had accompanied and resided with the applicant and also submitted for physical relation willingly. Therefore, it is prayed that the applicant may be released on bail.
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Certified copy as per rules.
Sd/- (Rajendra Chandra Singh Samant) Judge
Balram
2 issues framed by the court
Whether the applicant should be granted regular bail in a case involving offences under laws protecting children and SC/ST communities.
Whether the entry in the school register conclusively proves the prosecutrix was a minor on the date of the incident.
1 provisions across 1 enactments
Ramkewal Manikpuri
State Of Chhattisgarh
Rajendra Chandra Singh Samant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
