Rejected second bail application in a case involving sexual intercourse with a prosecutrix under 15 years, holding it not a fit case despite prosecutrix's consent to compromise.
Bail application rejected; applicant not released.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 6021 of 2019
Hemant Kurrey S/o Shri Dhebalal Aged About 18 Years R/o Village Kuraili, Post Sagar, Police Station Hirri, Tahsil Takhatpur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh
---- Applicant
Versus
State Of Chhattisgarh Through Station House Officer, Police Station Hirri, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh
---- Respondent
For the Applicant : Shri Amit Kumar, Advocate For the State : Shri Suyash Dhar, P.L. -----------------------------------------------------------------------------------------------
Hon'ble Shri Justice Sharad Kumar Gupta
Order On Board
03/02/2020
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releasing applicant on bail, hence applicant may be released on bail.
Sd/-
(Sharad Kumar Gupta) Judge
Kamde
2 issues framed by the court
Whether the applicant is fit to be released on bail considering the age of the prosecutrix and the seriousness of the offence.
Whether the compromise agreed upon by the parties is sufficient to grant bail in a case involving a child below 15 years.
3 provisions across 3 enactments
Hemant Kurrey
State Of Chhattisgarh
Sharad Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
