Santosh Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.4744 of 2020 • Santosh Kumar, S/o Mulau, Aged About 26 Years, R/o Goutamnagar Sector-1, Ward No.36 Bajarang Chowk, Khursipar Bhilai, District Durg, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Khursipar, District Durg, Chhattisgarh ---- Respondent For Applicant Shri A. N. Pandey, Advocate For Respondent Ms. Fouzia Mirza, Addl. AG Proceeding through Video Conferencing Hon'ble Justice Shri Prashant Kumar Mishra Order On Board 16/09/2020 1.

The applicant has preferred this bail application under Section 439 of the CrPC, as he has been arrested in connection with Crime No.1/2019, registered at Police Station Khursipar, District Durg (C.G.) for the offence punishable under Sections 376 (B) (D), 366 (A), 201 read with Section 34 of IPC and Sections 4 & 6 of the POCSO Act.

2.

The applicant has abducted and committed sexual intercourse with the prosecutrix, aged about 11 years.

3.

Considering the age of the prosecutrix, no case for grant of bail is made out.

4.

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 Nirala