Single Judge of Chhattisgarh High Court rejected the first bail application filed by an applicant accused of raping and impregnating a minor under 14 years under IPC and POCSO provisions. Considering the nature of allegations and medical evidence, bail was denied and trial was directed to conclude within 6 months.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2830 of 2024
Mukesh Boga S/o Shri Heeralal Boga Aged About 20 Years R/o Vill. Kamkasur, P.S. Khadgaon, Dist. Mohala-Manpur-Ambagarh Chowki (C.G.)
---- Applicant
Versus
State of Chhattisgarh Through Station House Officer, P.S. Khadgaon, Distt. Mohala Maanpur Ambagarh Chowki (C.G.)
---- Non-applicant
For Applicant : Mr. Rakesh Thakur, Advocate For Non-applicant : Mr. Jitendra Shrivastava, G.A.
Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board
14.06.2024
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discrepancies in her evidence. There is no legally admissible evidence available on record with respect to her age and that here is no evidence of her pregnancy also. She had denied her pregnancy in her crossexamination. The applicant is in jail since 19.09.2022. The trial of the case will take its own time, therefore, he may be released on bail.
Sd/- (Ravindra Kumar Agrawal) Judge
alok
2 issues framed by the court
Whether bail should be granted to the applicant accused of rape upon a minor prosecutrix.
Whether the evidence of pregnancy and age supports the serious nature of allegations to justify continued custody.
Mukesh Boga
Ravindra Kumar Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
