Single judge granted regular bail to an applicant accused of rape and POCSO offences after noting the prosecutrix's consent and potential trial delay, provided a personal bond of Rs. 25,000 and one surety.
Application for regular bail allowed on furnishing 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.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
M.Cr.C. No. 5799 of 2021
Rajkumar @ Panchram Markam S/o Vishal Singh Markam, Aged About 32 Years R/o Village - Silli (Parsada), Mahamayapara, Police Station - Pali, District - Korba Chhattisgarh. ---- Applicant
Versus
State Of Chhattisgarh, Through - Station House Officer, Out Post - Hardibazar, Police Station - Kusmunda, District - Korba Chhattisgarh.
---- Non-Applicant
For the Applicant: Shri Dharmesh Shrivastava, Advocate. For Non-Applicant/State: Ms. Akshara Amit, Panel Lawyer.
Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board
24.09.2021
Heard.
and when directed. In case any default is committed by the Applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.
Sd/-
(Rajendra Chandra Singh Samant) Judge
Priya
3 issues framed by the court
Whether the Applicant is entitled to regular bail in a case involvingPCMPO 2012 despite the minor prosecutrix earlier allegedly not having objected.
Whether the likely delay in trial justifies grant of bail.
Whether the prosecutrix's consent (which is immaterial since she was a minor) affects the bail consideration.
3 provisions across 3 enactments
Rajkumar @ Panchram Markam
Rajendra Chandra Singh Samant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
