Krishna Kumar Sahu v. State of Chhattisgarh
Case brief
What is this about?
The applicant filed a bail application under Section 439 CrPC for offences involving rape and SC/ST atrocities. The court declined to examine the merits regarding the prosecutrix's age. Dismissing the petition, the court held that considering the nature of the allegations, the applicant should not be released on bail at the interim stage.
What the court decided
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 6545 of 2021
- Krishna Kumar Sahu S/o Ishwar Prasad Sahu Aged About 21 Years R/o Village Navapara (Katgi), Police Station Ghirdhoury, District Balodabazar Bhatapara Chhattisgarh
---- Applicant
Versus
- State Of Chhattisgarh Through The Station House Officer, Police Station Kosir, District Raigarh Chhattisgarh
| ---- Respondent |
|---|
| For Applicant | : Shri G.R. Miri, Sr. Adv. With Shri Basant |
|---|---|
| Kaiwartya, Advocate | |
| For Respondents/State | : Shri Animesh Tiwari, Dy. AG |
Hon'ble Shri Justice Goutam Bhaduri
Issues for consideration
3 issues framed by the court
Whether bail should be granted to the applicant accused of offences under SC/ST Act, POCSO, and IPC involving a sexual assault allegation.
Whether the age of the prosecutrix should be adjudicated by the appellate/courts at the stage of bail considerating the nature of allegations.
Whether the applicant arrested for offences punishable under Protection of Children from Sexual Offences Act and SC/ST Act should be released on bail pending trial.
Parties & counsel
- applicant
Krishna Kumar Sahu
- respondent
State Of Chhattisgarh
Coram
Goutam Bhaduri
Case details
As recorded by the court registry
- Court
- Chhattisgarh HC
- Decided on
- · December
- Registered
- Case no.
- MCRC/6545/2021
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