Dismissed

Rakesh Singh Senger v. State of Chhattisgarh

Chhattisgarh HC1 Aug 2022MCRC/3655/2022

Case brief

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What is this about?

Single judge order dismissing first regular bail application under CrPC 439. Applicant charged under IPC POCSO. Court refused bail due to serious nature of allegations against father included and child victim, but directed trial completion within eight months.

What did the court decide?

Application for regular bail dismissed; directed to Trial Court to expedite trial within eight months.

Rakesh Singh Senger Vs State of… — 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. 3655 of 2022

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Rakesh Singh Senger S/o Ramesh Singh Senger Aged About 44 Years R/o Irrigation Colony, Rudri, Police Station Rudri, District Dhamtari Chhatitsgarh (As per challan)

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---- Applicant (in jail) Versus • State Of Chhattisgarh Through Police Station Civil Line, Rudri, District Dhamtari Chhattisgarh ---- Respondent -----------------------------------------------------------------------------------------------------------------For Applicant : Shri Dashrath Kushwaha, Advocate For Respondent : Shri Amit Kumar Verma, PL ------------------------------------------------------------------------------------------------------------------

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Order on Board by Hon'ble Shri Justice Sachin Singh Rajput

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01.08.2022

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This first bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant who is in custody in connection with Crime No.79 of 2021 registered at Police Station Civil Line, Rudri, District Dhamtari for the offences punishable under Sections 376(2)(F), 376(2)(N), 376(A), 376(B), 377 and 506 of IPC, Section 4, 5(I)(m)(n) and 6 of Protection of Children from the Sexual Offences Act, 2012.

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Case of the prosecution in short is that on 27.10.2021 at about 2 pm when the prosecutrix along with her brother & sister were watching television in the house, at that time the applicant, father of prosecutrix, took her inside the room and committed intercourse with her.

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Learned counsel for the applicant submits that allegation against applicant appears to be improbable because at the time of alleged incident, other family of members i.e. brother & sister of prosecutrix, were also present in the house. There is dispute between husband and wife, prosecutrix is being

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Mcrc 3655 of 2022

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used as a tool by her mother. Applicant is in jail since 28.10.2021, challan has been filed, therefore, the applicant may be enlarged on regular bail.

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Learned State counsel opposes the application for bail and submits that there is serious allegation against present applicant; looking to age of prosecutrix and her statement recorded under Section 161 and 164 of CrPC, applicant is not entitled for grant of bail.

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Considering the facts and circumstances of the case, nature of allegations levelled against applicant, looking to the age of prosecutrix, her statement recorded under Sections 161 and 164 of CrPC, this Court is of the opinion that it is not a fit case where applicant should be enlarged on regular bail. Accordingly, the application is dismissed . However, considering detention period of applicant, trial Court is directed to expedite the trial within a period of 8 months from the date of production of this order.

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Sd/(Sachin Singh Rajput) JUDGE

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padma

Rakesh Singh Senger v. State of Chhattisgarh

Case brief

What is this about?

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Rakesh Singh Senger v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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