This is a bail application under Section 439 Cr.P.C. filed by an accused charged with abduction and sexual exploitation of a minor and other offences. The High Court granted bail as key prosecution witnesses including the prosecutrix declared hostile.
Bail granted on a personal bond of Rs. 25,000/- with one surety in an equal sum.
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
MCRC No. 325 of 2021
---- Applicant
Versus
---- Non-applicant
For Applicant – Mr. Achyut Tiwari, Advocate. For State/Non-applicant – Ms. Reena Singh, Panel Lawyer.
Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board
06-04-2021
3 . Learned counsel for the State/non-applicant opposes the application submitting that there are other witnesses to be examined who may establish the prosecution case. Therefore, the application may be rejected.
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beaten her regarding which the offences have been registered.
6 . Considered on the submissions and also perused the certified copy of the depositions of the prosecutrix and her father and it is found that they have not supported the prosecution case, for which they have been declared hostile by the prosecutor. Therefore, looking to this development, I feel inclined to allow this application.
7 . Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed.
8 . Certified copy as per rules.
Sd/-
(Rajendra Chandra Singh Samant) Judge
Aadil
2 issues framed by the court
Whether bail should be granted to the applicant accused of offences under IPC and POCSO Act.
Whether the turning hostile of key prosecution witnesses justifies granting bail under Section 439 Cr.P.C.
1 provisions across 1 enactments
Manohar Singh
Rajendra Chandra Singh Samant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
