In a bail application under CrPC 439 for offences of abduction, rape, and POCSO, the High Court dismissed the petition by holding that given the nature of allegations and the prosecutrix's age, it was not a fit case to enlarge the applicant on bail.
Application for grant of regular bail is dismissed.
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. 5555 of 2021
Shiva Sahu, S/o Late Khedu Ram Sahu, Aged About 20 Years, R/o Mandir Hasoud, Railway Colony, Thana Mandir Hasoud, District Raipur, Chhattisgarh.
---- Applicant
Versus
The State of Chhattisgarh Through- Police Station- Mandir Hasoud, District- Raipur, Chhattisgarh.
---- Non-applicant
(Proceedings through Video Conferencing) Hon'ble Shri Justice Parth Prateem Sahu Order on Board
01.09.2021
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her life and committed forcefully sexual intercourse with her. On the pretext of threat, applicant thereafter made physical relationship with her on number of occasions. The incident was reported by the prosecutrix to her mother, based upon which, report was lodged to the concerned Police Station against the applicant.
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and school certificate of prosecutrix, i.e. proof of age of prosecutrix.
Sd/- (Parth Prateem Sahu) Judge
Yogesh
2 issues framed by the court
Whether the applicant is a fit case to be granted regular bail in offences include sexual assault and abduction.
Whether the delay in lodging the First Information Report and lack of support from MLC report warrant bail.
1 provisions across 1 enactments
Shiva Sahu
The State of Chhattisgarh
Parth Prateem Sahu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
