The High Court granted regular bail to an applicant in a POCSO and rape case. Although the FIR was lodged over a year after the alleged incident, the Court found it a fit case for bail, directing release against a personal bond.
Bail allowed on personal bond of Rs.25,000 with one surety to the satisfaction of the trial court.
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. 3224 of 2020
Toman Lal Sahu S/o Prahlad Ram Sahu Aged About 27 Years R/o Bazaar Chowk Fagundah, P.S. Gurur District- Balod, Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh Through, S.H.O. Gurur District- Balod, Chhattisgarh. ---- Respondent For the Applicant : Shri B.P. Singh, Advocate. For the Respondent/State : Shri Vimlesh Vajpayee, G.A.
Hon'ble Shri Justice Rajendra Chandra Singh Samant ORDER
05.08.2020
Heard.
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station on 14.3.2019 stating that he came to know about the love affair of his daughter and the applicant and that the applicant is threatening to defame his daughter but there was no allegation of rape. On that ground, the applicant was proceeded against under the provisions of Section 151, 107 and 116 of the Cr.P.C. subsequent to his release on bail in that proceeding, the FIR has been lodged after due deliberation, which is totally false. The father of the prosecutrix also been examined before the trial and he has made admissions in this respect, therefore, the case is totally concocted. Hence, it is prayed that the applicant be enlarged on bail during the pendency of trial.
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alleged that this applicant continued to tease and outrage the modesty of the prosecutrix on number of occasions. He also used to abuse and threaten her and then, the prosecutrix revealed about this incident to her family members in the month of February, 2019. Thereafter, the FIR has been lodged.
Sd/-
(Rajendra Chandra Singh Samant) Judge
Nimmi
2 issues framed by the court
Whether the applicant is eligible for regular bail in a POCSO case despite a delay in filing the FIR.
Whether prosecutrix withdrawal of complaint or false implication validates the bail application.
4 provisions across 3 enactments
Toman Lal Sahu
State Of Chhattisgarh
Rajendra Chandra Singh Samant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
