Second bail application allowed in rape and POCSO case. High Court released applicant after noting prosecutrix refused to identify him during deposition, despite initial forcious intercourse allegation.
Allowed bail on personal bond for Rs.50,000 with one surety for like amount.
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.
1
MCRC No. 2689 of 2021
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Proceedings through video conferencing
MCRC No. 2689 of 2021
---- Applicant
Versus
---- Respondent
| _________________ For Applicant - |
____________________________________ Shri Pravin Kumar Tulsyan, Advocate. |
|---|---|
| For Respondent/State - | Shri Chandresh Shrivastava, Dy. Advocate General. |
(Prosecutrix has joined video conferencing through D.L.S.A., Jagdalpur, Chhattisgarh)
Hon'ble Shri Prashant Kumar Mishra Ag. Chief Justice Order on Board
23-07-2021
2
MCRC No. 2689 of 2021
SD/-
(Prashant Kumar Mishra) Acting Chief Judge
Amardeep
2 issues framed by the court
Whether the applicant is eligible for bail after more than a year in custody given the prosecutrix refused to identify him and preferred only inspecting evidence.
Whether the balance of convenience warrants release on bail in a POCSO and rape case where the complainant has withdrawn active support.
5 provisions across 3 enactments
Laikhan Baghel
State of Chhattisgarh
Prashant Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
