Application for regular bail filed under Section 439 Cr.PC in a POCSO case where the accused was convicted for alleged sexual intercourse with a minor resulting in pregnancy. High Court dismissed bail.
Application under Section 439 Cr.PC for regular bail dismissed.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7715 of 2021
Ghanshyam Singh Kanwar S/o Vikram Singh, Aged About 19 Years, R/o Songudha, P.S. Balko Nagar, District Korba, Chhattisgarh.
---- Applicant
Versus
State of Chhattisgarh Through Station House Officer, Police Station Balko Nagar, District Korba, Chhattisgarh.
--- Respondent
For Applicant : Mr. Vikash Pandey, Advocate. For State : Dr. Veena Nair, Dy. AG. Hon'ble Shri Justice Parth Prateem Sahu Order on Board
02/12/2021
Heard.
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was a minor girl aged about 16 years. DNA report is also available in case diary wherein report send to examination has been found positive ie applicant has been found to be biological father of child. Hence, he is not entitled for grant of bail.
Sd/(Parth Prateem Sahu) Judge
Jamal/-
2 issues framed by the court
Whether the application for regular bail in cases involving sexual offences against a minor requires grant considering positive DNA evidence and prosecutrix's objection.
Is the present a fit case to enlarge the applicant on regular bail given the nature of allegations and availability of DNA evidence?
3 provisions across 3 enactments
Ghanshyam Singh Kanwar
State of Chhattisgarh
Parth Prateem Sahu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
