The High Court of Chhattisgarh dismissed an application for regular bail under Section 439 CrPC in a POCSO case involving rape and abduction, refusing release due to the serious nature of the allegations.
Application for regular bail under Section 439 CrPC rejected.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 1369 of 2020
---- Applicant
Versus
---- Respondent
For Applicant : Shri B.P.Banjare, Advocate For Respondent/State : Shri Vimlesh Bajpai, GA
Hon'ble Smt. Justice Rajani Dubey
Order On Board
01/07/2020
The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 20/2019 registered at police station Jarhagaon, district Mungeli (CG) for the offence punishable under Sections 363,366,376 IPC and Section 4 & 6 of the Protection of Children from Sexual Offences Act.
As per prosecution case, report was lodged by the father of the prosecutrix alleging that his minor daughter is found missing. It is alleged that on investigation, the police recovered his daughter from the possession of the applicant.
Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that it is the co-accused who has played the main role in committing the said offence. He
further submits that the applicant is in jail since 10.09.2019 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion therefore he may be released on bail.
On the other hand counsel for the State opposes the bail application.
Complainant is present before the Registry and has filed her objection.
Having heard counsel for the parties, considered the totality of the fact, in particular the nature of allegation against the applicant, I am not inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is rejected.
Sd/-
(Rajani Dubey) Judge
suguna
1 issue framed by the court
Whether the applicant is entitled to release on regular bail in a POCSO case involving rape and abduction.
1 provisions across 1 enactments
Sanjay Dhritlahare
State Of Chhattisgarh
Rajani Dubey
As recorded by the court registry
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