High Court rejected bail application of arrested accused charged with gang rape and other offences involving a mentally challenged minor, citing nature of allegations and victim’s vulnerability.
Application filed by the applicant rejected; bail not granted.
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2024:CGHC:45019
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 5191 of 2024
1 - Doman Kanwar S/o Chaitram Kanwar, Aged About 26 Years, R/o Village Belargondi, Police Station Gaindatola, District Rajnandgaon (C.G.)
... Applicant
versus
1 - State of Chhattisgarh Through The Police Station Gaindatola, District Rajnandgaon (C.G.)
... Non-applicant For Applicant : Mr. Anuj Kumar Pandey, Advocate on behalf of Mr. Rajendra Patel, Advocate. For State/Non-applicant : Mr. Vivek Sharma, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J.
Order on Board
19-11-2024
Digitally signed by MOHAMMAD AADIL KHAN
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medically examined on 16-04-2024 she came to know that the prosecutrix conceived pregnancy, the the prosecutrix disclosed about the incident of 1810-2023 that she was subjected to gang rape by the applicant and another co-accused Saurabh Kanwar @ Bhuru when she had gone to cut the paddy crop in the field. It is also informed by the prosecutrix that both the accused persons have given threatening to her with dire consequences and thereafter they committed the act of gang-rape with her with certain intervals. On 23– 04-2024 the pregnancy was aborted and then the FIR has been lodged on 27-04-2024 against the accused and the co-accused person. The FIR under Section 363, 366(A), 376(D), 506 of the IPC and Section 4, 6, 19(1)/21(1) of the POCSO Act has been registered. The applicant has been arrested on 2804-2024 and after investigation charge sheet has been filed.
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considering nature of allegations and the material collected during the investigation and further considering that the prosecutrix is mentally challenged girl who was subjected to gang rape by the applicant and other co-accused person, without commenting anything on merits of the case I am not inclined to release the applicant on bail. Accordingly, the present bail
application filed by the applicant is rejected.
Sd/-
(Ravindra Kumar Agrawal) Judge
Aadil
1 issue framed by the court
Whether applicant entitled to regular bail in gang rape case involving mentally challenged victim
3 provisions across 3 enactments
Doman Kanwar
Ravindra Kumar Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
