Hearing bail application under Section 439 Cr.P.C. regarding charges of molesting minor students. Court rejected bail citing nature of accusation against three minors aged 4-6 years, applicant's employment at the school, and the sensitive location of the alleged incident.
Bail application filed under Section 439 Cr.P.C. rejected.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 2890 of 2024
---- Applicant Versus
----Non-applicant
For Applicant – Mr. Jitendra Gupta and Mr. Deepak Kumar, Advocates. For Non-applicant/State – Ms. Priya Sharma, Panel Lawyer.
Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board
18-06-2024
2 . The case of prosecution is that, father of the minor prosecutrix has lodged report to the police with the allegation that his daughter aged about 4 years 8 months who is studying in LKG at Rungta Public School, Bhilai, has informed him on 20-07-2023 that one sweeper of the school has molested her by touching her private part in the bathroom of the school. The said sweeper has also sexually molested by touching the two other minor students also. On 21-07-2023 he made a complaint to the school administration, but the school administration did nothing and therefore, he has lodged the report. The FIR has been registered. During investigation the statement of the daughter of the complainant as well as two other minor victims have been recorded in which they alleged the incident against the applicant. The school administration has also conducted enquiry and in the enquiry the applicant was found guilty and
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he has been suspended from his services and the school administration decided to lodge the report. The applicant has been arrested on 26-07-2023 in the offence.
3 . Learned counsel for the applicant would submit that the offence under Section 376(A) of the IPC against the present applicant is not made out and only offence under Section 354(A) of the IPC is prima facie appears which is punishable with maximum sentence of three years. The applicant is in jail since 26-07-2023 thereby he has undergone a period of almost one year and therefore, he may be enlarged on bail.
5 . Pursuant to the order dated 02-05-2024 the complainant has appeared through virtual mode from DLSA Durg and raised objection in granting bail to the applicant.
(Ravindra Kumar Agrawal) Judge
Aadil
2 issues framed by the court
Whether the applicant is entitled to regular bail in a case involving allegations of molesting minor children at a school.
Whether the nature of allegations, victim's age, and apprehension justify rejection of bail.
3 provisions across 3 enactments
Suraj Banjare
Ravindra Kumar Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
