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High Court Of ChhattisgarhMCRC/3776/2020rejected

Rakesh Alias Jaggu Alias Jagattaran Rajwade v. State Of Chhattisgarh

2020-09-04Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

M.Cr.C.No.3776 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3776 of 2020

1. Rakesh Alias Jaggu Alias Jagattaran Rajwade S/o Ramgadhiya Rajwade Aged About 28 Years R/o Korondha P.S. Lakhanpur, District- Surguja, Chhattisgarh. ---- Applicant

Versus

1. State Of Chhattisgarh Through, SHO Police Station Dhourpur District- Surguja, Chhattisgarh.

---- Respondent For Applicant Mr. Sanjay Pathak, Advocate For Respondent /State Mr. K.K. Singh, Govt. Advocate (Proceedings through Video Conferencing) Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 4/9/2020

1. Heard.

2. The applicant has preferred this first bail application under Section 439 of CrPC, as she is arrested in connection with Crime No.54/2019, registered at Police Station Dhourpur, District Surguja (CG), for the offence punishable under Sections 363, 366, 342, 376(A)(B), 376(2)(n) of the Indian Penal Code and Sections 5 (ड) read with Sections 6, 5 (ठ) read with Section 6 of the POCSO Act.

M.Cr.C.No.3776 of 2020

3. Applicant has abducted and committed forcible sexual intercourse with the prosecutrix, aged about 11 years 4 months on the date of incident i.e. 17-8-2019.

4. Considering the nature of allegation and the age of the prosecutrix, this Court is not inclined to grant bail to the applicant.

5. Accordingly, the bail application is rejected. However, liberty is reserved in favour of the applicant to revive the prayer for grant of bail after examination of the prosecutrix. Sd/- (Prashant Kumar Mishra) Judge Gowri