Hon'ble High Court of Chhattisgarh rejected the first bail application filed by Satish Das under Section 439 CrPC. The applicant alleged false implication and queried the timing of the FIR, while the State opposed bail citing the minor prosecutrix's statement of forceful act and threats.
Bail application filed under Section 439 CrPC rejected.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3340 of 2020
Satish Das S/o Shri Sudhanidhi Das, Aged About 35 Years R/o PV-02, Devpur, P S Pakhanjur, District North Bastar, Kanker Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh Through the SHO, Police Station Durgkondul, District North Bastar, Kanker Chhattisgarh.
---- Respondent
For the Applicant : Shri Sandeep Shrivastava, Advocate. For the Respondent/State : Shri Vimlesh Vajpayee, G.A.
Hon'ble Shri Justice Rajendra Chandra Singh Samant ORDER
10.08.2020
Heard.
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the delay raises doubt on the correctness of the FIR. The medical report also does not give any definite opinion, therefore, it is a concocted case. According to the statement given by the prosecutrix herself, the applicant had put vermilion on her hair which shows that the marriage was performed and thereafter, the physical relationship between them is consensual. Hence, it is prayed that the applicant be enlarged on bail.
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Sd/-
(Rajendra Chandra Singh Samant) Judge
Nimmi
2 issues framed by the court
Whether bail should be granted to the applicant charged with offences under Section 376 IPC and Section 4 POCSO.
Whether the delay in lodging the FIR and lack of definite medical opinion warrants bail.
4 provisions across 3 enactments
Satish Das
State Of Chhattisgarh
Rajendra Chandra Singh Samant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
