High Court of Chhattisgarh, Bilaspur rejected a bail application filed by an applicant accused of a sexual offence involving a minor under Section 376(2)(n) IPC and Section 6 POCSO. The application was dismissed due to the serious nature of the allegations and the age of the parties.
Bail application filed under Section 439 Cr.P.C. rejected.
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. 2103 of 2024
1- Ramesh Kumar Kaiwart S/o Shri Manharan Lal Kaiwart Aged About 34 Years, R/o Village Kot Giraudpuri, Thana Gidhouri Tundra, District : Balodabazar-Bhathapara, Chhattisgarh
---- Applicant
Versus
1- State Of Chhattisgarh, Through Station House Officer, Police Station Gidhouri, District : Balodabazar-Bhathapara, Chhattisgarh
---- Respondent
For Applicant : Mr. Sumit Shrivastava, Advocate For Respondent : Ms. Laxmeen Kashyap, P.L.
Hon'ble Shri Justice Parth Prateem Sahu
Order On Board
22/04/2024
2
pregnancy and to suppress the pregnancy, she was taken to hospital and thereafter in the course of abortion, victim started heavy bleeding and thereafter died. The morgue was reported to the concerned police station based upon which aforementioned crime was registered and applicant was arrested on 25.01.2024.
3
case diary.
Sd/- (Parth Prateem Sahu) Judge
Balram
2 issues framed by the court
Whether the applicant is eligible for regular bail in a case involving Section 376(2)(n) IPC and Section 6 POCSO charges.
Whether the age of the applicant and the nature of the allegation permit release on bail at this stage.
3 provisions across 3 enactments
Ramesh Kumar Kaiwart
State Of Chhattisgarh
Parth Prateem Sahu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
