Chandigarh High Court rejected bail application for petitioners charged under Section 6 POCSO. Court refused bail due to gravity of offence and victim identification during trial.
Bail application rejected due to gravity of offence and lack of trust.
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27.02.2023 41 Ct. No. 29 CHC REJECTED
C.R.M.(DB) 595 of 2023
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Barabazar Police Station Case No. 21 of 2022 dated 13.02.2022 under Section 6 of the Protection of Children from Sexual Offences Act, 2012.
And
In Re : Rajesh Bhuniya & anr.
...… petitioners
Mr. Aritra Bhattacharya .…for the petitioners
Ms. Faria Hossain, Mr. Anand Keshari .…for the State
Victim is unrepresented despite service.
Report filed in Court be taken on record.
Petitioners are standing trial in respect of the present
police case.
Victim girl deposed as a witness at trial. The victim identified the two petitioners before us, during the trial as two of the persons along with others who perpetrated the crime.
Considering the gravity of the offence and involvement of the petitioners in the incident, we are unable to grant bail to the petitioners.
C.R.M.(DB)595 of 2023 is rejected.
(Debangsu Basak, J.)
(Md. Shabbar Rashidi, J.)
2
1 issue framed by the court
Whether bail should be granted to petitioners charged under Section 6 POCSO Act.
2 provisions across 2 enactments
RAJESH BHUNIYA
ANR
STATE
DEBANGSU BASAK
MD. SHABBAR RASHIDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
