High Court allowed a bail application under Section 439 Cr.P.C. for an applicant accused of abduction and sexual offences under POCSO and IPC. Granting bail was based on the prosecutrix turning hostile and not supporting the prosecution case during trial.
Bail allowed; applicant to be released on personal bond of Rs.25,000/- with 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.
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
M.CR.C. No. 3941 of 2021
Pulin Sarkar, S/o. Late Shri Sampat Sarkar, aged about 25 years, R/o. Village - P.V. 69, Thakur Nagar, Police Station - Partapur, District- North Baster Kanker (Chhattisgarh).
---- Applicant
Versus
State of Chhattisgarh, Through : Station House Officer, Police Station Partapur, District - North Baster Kanker Chhattisgarh.
---- Respondent
For Applicant : Mr. Sunil Sahu, Advocate For Respondent/State : Ms. Shivali Dubey, P.L.
Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board
10/08/2021
2
that the prosecutrix was minor and further there are other witnesses yet to be examined in the trial, therefore, the application be rejected.
Certified copy as per rules.
Sd/- (Rajendra Chandra Singh Samant) Judge
Balram
2 issues framed by the court
Whether bail should be granted to the applicant despite allegations of serious offences including sexual assault.
How the hostility of the prosecutrix affects the decision on bail.
1 provisions across 1 enactments
Pulin Sarkar
State of Chhattisgarh
Rajendra Chandra Singh Samant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
