In a bail application under Section 439 CrPC involving an IPC 376 charge, the High Court of Chhattisgarh rejected bail citing the prosecutrix’s statement, prompt FIR, FSL report, and lack of motive for false implication, holding the case unfit for bail.
Application MCRC No.5980 of 2020 rejected; bail refused.
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.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 5980 of 2020
----Applicant
Versus
---- Respondent
For Applicant Shri Akath Kumar Yadav, Advocate. For State Shri Vimlesh Bajpai, Government Advocate.
Hon'ble Shri Justice Gautam Chourdiya Order on Board
26/11/2020
Sd/Gautam Chourdiya Judge
Akhilesh
3 issues framed by the court
Whether bail should be granted to the applicant accused of rape under Sections 450 and 376 IPC.
Whether the version of the prosecutrix and the pronouncement of SOFAR justify rejection of bail without traveling into merits.
Whether there are sufficient grounds to hold that the present case is not fit for grant of bail.
1 provisions across 1 enactments
Samant @ Savant Korva
State of Chhattisgarh
Gautam Chourdiya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
