During bail hearings, the evidentiary value of any statement is required to be examined during the trial: High Court Of Chhattisgarh

I am not inclined to release the applicant on bail. Such an opinion was held by The Hon’ble High Court Of Chhattisgarh before The Hon’ble Shri Justice Goutam Bhaduri in the matter of Ramesh Kumar Yadav Vs. State Of Chhattisgarh [MCRC No. 8122 of 2021]’ 

The facts of the case were associated with the third bail application filed under Section 439 of the Code of Criminal Procedure to grant regular bail to the applicant. The applicant was arrested for the offence punishable under Sections 376 (2) (E), 509 (B) of the Indian Penal Code and Section 67 of I.T. Act, 2000 dated 12.08.2020. It was reported that the first and second bail was dismissed. 

The prosecutrix was studying and took a job at Ankur Hospital as stated by the prosecution. It was submitted that the applicant threatened her with job removal threats and committed sexual intercourse and made certain videos. After that, the prosecutrix joined another hospital but here also the applicant threatened her and repeated the said activities at her place. Later, the prosecutrix left her job and went back to her home at Kharasia and narrated the story to her mother. The fixed marriage of the prosecutrix was cancelled due to the circulation of obscene videos of her by the applicant, resulting in the cancellation of the marriage. The counsel for the State opposed the grant of bail. 

After considering all the facts and submissions, The Hon’ble Court ruled out that “Having considered the statement of the prosecutrix, the evidentiary value of the statement is required to be examined during the trial and this Court while hearing the bail application cannot hold the trial so as to adjudicate the issue by giving finding, as it would affect the trial. Therefore, I am not inclined to release the applicant on bail. Accordingly, the bail application is dismissed.”

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Judgment reviewed by Bipasha Kundu

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