High Court of Chhattisgarh allowed a bail application under Section 439 CrPC for an accused charged with abduction and sexual assault on a minor. The Court granted bail after noting that the prosecutrix had not fully supported the prosecution case during trial.
Released on regular bail with a personal bond of Rs. 25,000 and one surety.
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. 2534 of 2021
Satyajeet @ Gowinda Gada, S/o. Mahesh Netam (Wrongly mention Mahesh Ram Gada), aged about 21 years, R/o. Village Hathbay, Police Station Gariaband, Civil and Revenue District Gariaband Chhattisgarh.
---- Applicant
Versus
State of Chhattisgarh, Through : Station House Officer, Police Station - City Kotwali, Gariaband, Civil and Revenue District Gariaband Chhattisgarh.
---- Respondent
For Applicant : Mr. Devesh G. Kela, Advocate For Respondent/State : Mr. Alok Nigam, G.A.
Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board
06/08/2021
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that on the date of incident, the prosecutrix was below 16 years, therefore, any willingness or consent on her part is immaterial. Therefore, the application be rejected.
Certified copy as per rules.
Sd/- (Rajendra Chandra Singh Samant) Judge
Balram
3 issues framed by the court
Whether the applicant should be enlarged on regular bail in a case involving abduction and sexual assault on a minor.
Whether the prosecutrix’s partial support for the prosecution affecting the viability of the case.
Whether a personal bond with surety is sufficient for bail conditions.
3 provisions across 3 enactments
Satyajeet @ Gowinda Gada
State of Chhattisgarh
Rajendra Chandra Singh Samant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
