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High Court Of ChhattisgarhMCRC/486/2021rejected

Aman Kumar Tanwar v. State Of Chhattisgarh

2021-04-13Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 486 of 2021 • Aman Kumar Tanwar S/o Pawan Singh Tanwar Aged About 20 Years R/o Village Matin (Lodibahara), Police Station Bango, District Korba Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Bango (Wrongly Mentioned Bhatgaon), District Korba Chhattisgarh ---- Respondent For Applicant :

Shri Nitesh Shriwas, Advocate For State :

Smt. Fouzia Mirza, Addl. Adv. Gen.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 13/04/2021 This is repeat application for grant of bail after rejection of first application on merits mainly on the ground of delay in trial. 1.

The applicant has been arrested in connection with Crime No.143/2019 registered at Police Station - Bango, District - Korba (C.G.) for alleged commission of offences under Section 363, 366, 368, 376 of IPC and Section 6 of POCSO Act, 2012.

2.

Learned counsel for the applicant would submit that the applicant has been arrested on 13/07/2019 but till date, trial has not been concluded. The applicant repeated this application as liberty was granted by this Court on 18/09/2020 to revive the application. Therefore, only on the ground of delay in trial and that the applicant is in jail since 13/07/2019, he may be granted bail. 3.

On the other hand, learned State counsel would submit that there is delay in trial because of the pandemic situation but at the same time, allegations against the applicant are serious in nature and minimum sentence of 10 years is also provided

under the law, where prosecutrix happens to be minor under the provisions of POCSO Act.

4.

Taking into consideration the submission of learned counsel for the parties and gravity of allegations, at this stage, I am not inclined to grant bail to the applicant. The application is, therefore, rejected. The Trial Court, however, is directed to expedite the trial and conclude the same as early as possible.

Sd/- ( Manindra Mohan Shrivastava ) Judge Deepti