Single-judge order allowing first bail application under Section 439 CrPC. The court inclined to allow bail despite the nature of the offence involving a minor, directing release with a personal bond and one surety.
Release on bail on personal bond of Rs. 25,000 with one surety in the like sum.
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. 7952 of 2020
---- Applicant
Versus
---- Non-applicant
For Applicant – Shri Aditya Bhardwaj, Advocate. For Non-applicant/State – Shri B.P. Banjare, Deputy Govt. Advocate.
Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board
05-01-2021
3 . Learned counsel for the State/non-applicant opposes the application and submits that the prosecutrix was minor of age below 18 years, therefore, any consent or willingness on her part is immaterial. Her statement shows that she was sexually exploited by the applicant. Therefore, no case is made out for
-2-
grant of bail.
Sd/-
(Rajendra Chandra Singh Samant)
Judge
Aadil
2 issues framed by the court
Whether regular bail should be granted in a case involving alleged sexual exploitation of a minor.
Whether the prosecutrix's statement under Section 161 Cr.P.C. justifying denial of bail.
1 provisions across 1 enactments
Humendra Kumar Yadav
Rajendra Chandra Singh Samant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
