High Court of Chhattisgarh heard a bail application for an applicant arrested in a case involving abduction, illegal confinement, and sexual exploitation of a minor. The court held the case unfit for bail due to the nature of offences and directed expedited trial.
Bail application rejected; trial court directed to expedite trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC NO. 4686 OF 2023
Ajay Kurrey S/o Shri Sewak Ram Kurrey Aged About 20 Years Occupation - Driver, R/o Basti Naya Baradwar, P.S. Baradwar, District - Sakti (C.G.).
… Applicant
Versus
State of Chhattisgarh, Through - Station House Officer, Baradwar, District - Sakti (C.G.)
… Respondent
For Applicant For Respondent-State
: Shri Rishi Sahu, Advocate. : Shri Vinod Tekam, Panel Lawyer.
Hon'ble Shri Justice N. K. Chandravanshi Order on Board
10.10.2023
1. This is first bail application seeking for grant of bail to the Applicant who is in jail since 04.06.2023 in connection with Crime No.19/2023 registered at Police Station, Baradwar, District Sakti, for the offence punishable under Sections 363,366,376 IPC and under Sections 4&6 of the POCSO Act.
2. Case of the prosecution, in brief, is that the applicant abducted the minor prosecutrix, took her to Hardi Bazar and kept her in illegal confinement for 4-5 days and in between sexually exploited her. Based on the above facts, present crime has been registered against the applicant and he has been arrested.
3. Learned Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. Charge sheet has been filed deposition of victim and her mother have been recorded but
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they have not closely proved the charges. The conclusion of trial may take long time and therefore the applicant may be released on bail.
4. On the other hand the State counsel opposing the bail application would submit that in the deposition the victim and her mother have clearly supported the case of the prosecution. Therefore, the applicant does not deserve to be released on bail.
5. Without commenting on merits, considering the totality of the facts and circumstances of the case, particularly considering the fact that the applicant abducted the minor prosecutrix and sexually exploited her for a long, this Court is of the opinion that the present is not a fit case where the Applicant can be enlarged on bail.
6. Accordingly, the application for grant of bail is rejected. However, the trial Court is directed the expedite the trial and conclude the same as early as possible.
Sd/(N.K. Chandravanshi) Judge
inder
2 issues framed by the court
Whether bail should be granted to the applicant charged with offences under Sections 363, 366 IPC, 376 IPC and the POCSO Act.
Whether the prosecution evidence is sufficient to justify denial of bail in a case involving minor prosecutrix.
Ajay Kurrey
State of Chhattisgarh
N. K. Chandravanshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
