Regular bail application in a gang rape case involving a 14-year-old victim under IPC and POCSO provisions. The court noted the victim's unshaken statements, rejected parity with some co-accused who got bail, cited gravity of the offence and refused bail.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 1136 of 2024
---- Applicants
Versus
State of Chhattisgarh Through S.H.O. P.S. Pratappur, District : Surajpur (C.G.)
| ---Respondents | |
|---|---|
| ______________________ For Applicants |
____________________________________ : Mr. Ghanshyam Sharma with |
| Ms. Durga Mehar, Advocates. | |
| For State/ Respondent | : Mr. Sabyasachi Choubey, PL |
Hon'ble Shri Justice Narendra Kumar Vyas Order on Board
12/ 03/ 2024
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Nawadeeh along with her brother on 17.1.2023 in the morning at about 3 am. When her brother proceeded to quench his thirst at the nearby hand-pump, the accused persons, who were 8 in number caught the younger brother and thereafter they have taken the prosecutrix to the forest site and 6 accused persons have committed group rape. After committing the crime, one of the coaccused has brought the victim to the place where the dance programme was organized, then her brother has caught one of the accused persons. Based on such allegations, offence has been registered.
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has identified the accused and there is sufficient material against the applicants in the case diary and would pray for rejection of the bail application.
Sd/-
(Narendra Kumar Vyas) Judge
Santosh
2 issues framed by the court
Whether the applicants, similarly situated to co-accused already granted bail, should be released on regular bail for gang rape of a minor.
Whether parity with co-accused bail outweighs the gravity and manner of the offence.
4 provisions across 3 enactments
Ram Kumar Kanwar
Raja Ram
State of Chhattisgarh Through S.H.O. P.S. Pratappur
Narendra Kumar Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
