In a first bail application for offences under IPC and POCSO, the Chhattisgarh High Court allowed the bail after observing that the victim had completely disowned the incident, directing release on a personal bond with one surety.
Bail allowed; applicant to be released on furnishing a personal bond of Rs. 25,000/- with one surety in like amount.
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.
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 8716 of 2021
Arun Saarthi, S/o. Nandlal Saarthi, Aged About 19 Years, R/o. Gram Unchdih, Dharm Coloney, Basdae, Police Outpost Basdae, Police Station Surajpur, District Surajpur, Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh, Through Police Outpost Basdae, Police Station Surajpur, District Surajpur, Chhattisgarh.
---- Respondent
For Applicant : Mr. Maneesh Sharma, Advocate For Respondent : Mr. Ashutosh Mishra, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri
Order On Board
04.01.2022
no further evidence is required and the applicant is in jail since 07.06.2021, therefore, he may be enlarged on bail.
Sd/- (Goutam Bhaduri) Judge
Ashok
2 issues framed by the court
Whether a first bail applicant arrested for offences under Section 363, 366, 376 IPC and POCSO Act should be released on bail when the victim has disowned the incident.
Whether the applicant should be released on bail after the victim expressed objection through virtual mode.
1 provisions across 1 enactments
Arun Saarthi
State Of Chhattisgarh
Goutam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
