The High Court of Chhattisgarh rejected a bail application under Section 439 CrPC for the applicant, who was in jail for offences including rape and POCSO. The court found it not a fit case for bail given the prosecutrix's statement.
Bail application rejected. Liberty to revive application after prosecutrix is examined.
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 AT BILASPUR MISC. CRIMINAL CASE NO. 1886 OF 2023
• Jeetan Sonpakar @ Ladhu, S/o Sukhdayal, aged about 23 years, R/o Village Chando, District Balrampur-Ramanujganj (C.G.)
… Applicant
versus
• State of Chhattisgarh, through: Station House Officer, Police of Police Station Chando, District Balrampur-Ramanujganj (C.G.)
… Respondent
For Applicant : Mr. Sanjeev Verma, Advocate. For Respondent : Mr. Aditya Bharadwaj,P.L.
Hon'ble Shri Justice P. Sam Koshy Order on Board
[04/05/2023]
1. The present is an Application under Section 439 of CrPC seeking for grant of bail to the Applicant who is in jail since 4.10.2022 in connection with Crime No.47/2022 registered at Police Station Chando, District Balrampur-Ramanujganj, for the offence punishable under Sections 363, 376(D), 450, 313, 294, 506, 34 of IPC as also under Section 6 of the POCSO Act.
2. The Victim-Prosecutrix along with her parents had appeared before this Court through Video Conferencing from the Office of the District Legal Services Authority, Balrampur on 17.4.2023 and had opposed the Bail Application.
3. Having heard the contentions put forth on either side and on perusal of record, particularly, taking into consideration the statement of the Prosecutrix recorded, this Court is of the opinion that present is not a fit case where the Applicant can be released on bail at this juncture.
4. Accordingly, the Application under Section 439 of CrPC is rejected. However, the Applicant is at liberty to revive the Bail Application after the Prosecutrix is examined.
Sd/-
/sharad/ Judge
2 issues framed by the court
Whether bail should be granted to the applicant in possession of a POCSO offence.
Whether the present case is fit for bail considering the prosecutrix's statement.
1 provisions across 1 enactments
Jeetan Sonpakar @ Ladhu
State of Chhattisgarh
Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
