The High Court allowed a bail application filed under Section 439 CrPC by an applicant charged with aiding abortion under Sections 376(2)(n) and 313 IPC, granting bail conditional upon execution of a personal bond and sureties.
Bail allowed contingent on execution of a personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each.
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. 243 of 2021
---- Applicant
Versus
---- Non-Applicant
For Applicant : Shri Kapil Maini, Advocate For Non-Applicant/State : Ms. Shubhra Shrivastava, P.L.
Hon'ble Justice Shri Gautam Chourdiya
Order on Board
17/02/2021
falsely implicated in the case. He submits that the applicant has no role in the abortion and pregnancy of the prosecutrix; the applicant is a kidney patient and requires dialysis on regular basis, the document is Annexure A2 and he needs proper care. He submits that charge sheet has been filed and no offence is made out against the applicant, therefore, at this stage, he may be granted bail.
(a) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court.
(b) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and
(c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.
(d) he shall not involve himself in any offence of similar nature in future. Sd/-
Sd/ (Gautam Chourdiya) Judge
sunita
2 issues framed by the court
Whether the applicant is eligible to be released on bail given his medical condition and the nature of allegations.
Whether there is a sufficient prima facie case against the applicant to warrant denial of bail.
1 provisions across 1 enactments
Dr. Aseem Kumar Sikdar
State Of Chhattisgarh
Gautam Chourdiya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
