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High Court Of ChhattisgarhMCRC/3440/2020dismissed

Harkeshwar @ Nanka v. State Of Chhattisgarh

2020-09-16Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 3440 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3440 of 2020 • Harkeshwar @ Nanka S/o Rambilas Aged About 32 Years R/o Village Radhavpuri Ajirma, Police Station Jainagar, District Surguja Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Police Station Jainagar, District Surguja Chhattisgarh ---- Respondent For Applicant Mr. Abhishek Pandey, Advocate For Respondent /State Ms. Fouzia Mirza, Additional Advocate General Proceedings through Video Conferencing SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 16/9/2020

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.45/2019 registered at Police Station Jainagar, District Surguja (CG) for the offence punishable under Sections 363, 366, 376(2)(n), 323 read with Section 34 of the IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

MCRC No. 3440 of 2020

3. The applicant has abducted and committed forcible sexual intercourse with the prosecutrix, aged about 12 years 9 months.

4. Considering the material available in the case diary, this Court is not inclined to release the applicant on regular bail.

5. Accordingly, the bail application is dismissed. However, the applicant would be at liberty to revive the prayer after examination of the prosecutrix.

Sd/- (Prashant Kumar Mishra) Judge Shyna