Rakesh Lahare Vs State of Chhattisgarh

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No.782 of 2024

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Rakesh Lahare S/o Saukhi Lahare Aged About 30 Years R/o Ward No. 12, Sirgitti, Government Primary School, Police Station Sirgitti, District Bilaspur, Chhattisgarh, Present Address- Janata Colony, Gudhiyari, Quarter No. 149, Raipur, District : Raipur, Chhattisgarh

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---- Applicant (In jail)

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Versus

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State of Chhattisgarh Through The Station House Officer, Police Station Amleshwar, District : Durg, Chhattisgarh

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....Non-applicant

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For Applicant : Mr. Praveen Dhurundhar, Advocate For Non-applicant : Mr. Jitendra Shrivastava, Govt. Adv.

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Hon'ble Mr. Justice Parth Prateem Sahu

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Order On Board

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21.02.2024

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This is first application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to applicant, who is in custody since 18.9.2023 in connection with Crime No.146/2023 registered at Police Station Amleshwar, District Durg (CG) for commission of offence punishable under Section 376 of the Indian Penal Code and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012.

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Case of the prosecution, in brief, is that on 18.9.2023 the victim lodged report in concerned police station alleging that on 1.7.2022 applicant took her to his rented house situated in Housing Board Colony, Amleshwar, Durg, stated that he loves her, wants to marry her and thereafter forcefully

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committed sexual intercourse with her. After 01.07.2022, the applicant established physical relations with her on many occasions. After some time, applicant refused to marry the victim and it was also revealed to victim that applicant is already married. Based on said report, aforementioned crime was registered and applicant was arrested on 18.9.2023.

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Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in crime in question. On the alleged first date of incident i.e. 1.7.2022, applicant was not present within the territory of Chhattisgarh and he was in Pune (Maharashtra) which is appearing from the call details of the mobile of applicant collected by prosecution during investigation, according to which, the tower location of applicant's mobile on 1.7.2022 was of Pune. He submits that, the allegation that applicant committed the offence with victim girl on 1.7.2022 stands falsified, therefore, other allegations are also not worthy of credence. Applicant is in jail since 18.9.2023, charge sheet has already been filed, conclusion of trial is likely to take some time, hence, applicant may be enlarged on regular bail.

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On the other hand, learned State Counsel opposes the submissions made by learned counsel for applicant. However, he does not dispute submission of learned counsel for applicant that mobile tower location of applicant

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on 1.7.2022 was of Pune (Maharashtra), but he submits that as per allegation levelled by the victim, after 1.7.2022 also applicant has established physical relation with minor victim on many occasions on the pretext of marriage, whereas applicant is a married man. On 3.7.2022 mobile tower location of applicant is shown on his address at Raipur (CG).

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Learned counsel for applicant has not disputed the submission of learned State Counsel regarding marital status of applicant.

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I have heard learned counsel for the parties.

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Taking into consideration the facts and circumstances of case, nature of allegations, age of victim and the manner in which incident is alleged to have been committed, I am not inclined to enlarge the applicant on regular bail. Accordingly, this bail application is rejected.

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Sd/(Parth Prateem Sahu) Judge

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roshan/-

Rakesh Lahare v. State of Chhattisgarh

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Rakesh Lahare v. State of Chhattisgarh

Case brief

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