Dismissed

Sagar Mahilange v. State of Chhattisgarh

Chhattisgarh HC9 May 2022MCRC/1640/2022

Case brief

AI extract

What is this about?

This application sought regular bail for an applicant arrested in connection with rape and POCSO offenses. The High Court rejected the bail application after noting the prosecution case and the arrest circumstances.

What did the court decide?

Rejection of the application for grant of regular bail; direction to the trial court to conclude the trial within four months due to delay.

Sagar Mahilange Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 1640 of 2022

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Sagar Mahilange S/o Shri Bhagbali Mahilange (wrongly mentioned in order sheet Bhagchand Mahilange), Aged About 35 Years, R/o Village Lanjhiyatola, Police Station Chhuikhadan, District- Rajnandgaon, Chhattisgarh.

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---- Applicant

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Versus

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State Of Chhattisgarh Through Station House Officer, Police Station Khairagarh, District- Rajnandgaon, Chhattisgarh.

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----Non-applicant

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For Applicant – Mr. S.S. Baghel, Advocate. For State/Non-applicant – Ms. Meena Shastri, Addl. Advocate General.

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Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board

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09-05-2022

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1 . Heard on the application filed under Section 439 of the Cr.P.C. This is third bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 10-07-2020 in connection with Crime No.244/2020 registered at Police Station - Khairagarh, District- Rajnandgaon , Chhattisgarh for the offence under Section 376/34 of the IPC & Section 3(1)(4) of POCSO Act.

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2 . It is submitted that this is third bail application filed by the applicant before this Court, his first bail application MCRC No.5533/2020 was dismissed as withdrawn on 18-11-2020 and the second bail application of this applicant, MCRC No.1477/2021 was again dismissed as withdrawn by this Court by order dated 09-04-2021 on the prayer made by the applicant for withdrawal of the same. Learned counsel for the applicant submits that this applicant is innocent and he has been falsely implicated in this case. The prosecutrix in this case was not minor and further she was a consensual party, but, in later on development the false FIR was lodged against the applicant who was then arrested on 10-07-2020 and he is in jail till date. The trial against the applicant

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is getting delayed as some of the witnesses are not turning up despite service summons upon them. Hence, looking to the delay in trial, it is prayed that this applicant may be granted bail.

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3 . Learned counsel for the State/non-applicant opposes the application and submits that the age of the prosecutrix had been below 16 years on the date of incident and further, there was prompt lodging of the FIR, therefore, it cannot be said that the case is false. There is no case of consent according to the statement of the prosecutrix given under Section 164 of the Cr.P.C. and also before the Court. Therefore, no case is made out for grant of bail.

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Heard learned counsel for the parties and perused the case diary.

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According to the prosecution case, on the date of incident this applicant with the help of co-accused Amrit Markande abducted the minor prosecutrix, took her to a jungle where she was raped by this applicant, regarding which the FIR has been lodged.

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After considering on the submissions and the material present in the case diary against this applicant, I do not feel inclined to allow this application.

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Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby rejected. However, looking to the delay in trial, the learned trial Court is directed to expedite the trial and conclude the same at the earliest preferably within a time limit of four months.

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Sd/-

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(Rajendra Chandra Singh Samant) Judge

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Aadil

Sagar Mahilange v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Sagar Mahilange v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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