Single judge bail application in Chhattisgarh High Court. Applicant charged with rape and abduction of a minor. Court inclined to allow bail considering prosecutrix statement.
Regular bail granted on personal bond of Rs. 25,000 plus 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
MCRC No. 4437 of 2021
Versus
----Non-applicant
For Applicant – Shri Shikhar Sharma, Advocate. For Non-applicant/State – Shri Sameer Oraon, Govt. Advocate.
Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board
10-08-2021
2 . It is submitted on behalf of the applicant, that the applicant has been falsely implicated. He is in jail since 11-05-2021. The prosecutrix had been a willing and consenting party and there had been long affair of the applicant with the prosecutrix. The prosecutrix has also been examined in the trial Court and it is reflected from her statement that she and the applicant both were having affair. The prosecutrix was not minor on the date of incident. Therefore, it is prayed that the applicant be granted bail.
3 . Learned counsel for the State/non-applicant opposes the application submitting that the prosecutrix was minor, therefore, physical relation with her by the applicant amounts to commission of offence of rape. Hence, the
-2-
application may be rejected.
Sd/-
(Rajendra Chandra Singh Samant) Judge
Aadil
1 issue framed by the court
Whether bail shall be granted to the applicant charged with offences under Section 376 IPC and POCSO involving a minor prosecutrix.
1 provisions across 1 enactments
Sandeep Kumar Goyal
State Of Chhattisgarh
Rajendra Chandra Singh Samant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
