High Court of Chhattisgarh rejected a bail application by an accused facing charges under IPC and POCSO for sexual offences against a minor. The Court held that the victim's age and deposition warranted denial of bail.
Application under Section 439 Cr.P.C. rejected; trial court directed to expedite trial.
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.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
M.Cr.C. No. 4136 of 2023
Rustam Khan, Aged about 19 years, S/o- Sharif Khan, Cast – Momin, R/o- Gate, Churcha Colliery, P.S. - Churcha, Tehsil – Baikunthpur, District Korea, C.G.
---- Applicant
Versus
State of Chhattisgarh, Through – P.S. Churcha, District Korea, C.G.
----Non-applicant
For Applicant : Mr. Pawan Shrivastava, Advocate. For Non-applicant : Ms. M. Asha, Panel Lawyer.
Hon'ble Mr. Justice N.K. Chandravanshi
Order On Board
06-10-2023
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on above facts, present crime was registered against the applicant and he has arrested on 27.02.2023.
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Sd/(N.K.Chandravanshi) Judge
Amit/
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2 issues framed by the court
Whether an accused charged with sexual offences against a minor should be released on bail considering the victim's deposition.
Whether the allegations of false implication and contradiction in prior statements warrant granting regular bail in a POCSO case.
1 provisions across 1 enactments
Rustam Khan
N.K. Chandravanshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
