Dinesh Kumar Bhaskar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No. 4163 of 2015 Dinesh Kumar Bhaskar S/o Shri Buddhu Ram, aged about 24 years, R/o Village-Manki, Thana-Lormi, Distt.Mungeli (CG) ---Applicant

Versus

State of Chhattisgarh, Through ; Thana-Lormi, Distt.Mungeli (CG), Revenue Distt. Mungeli, Civil Distt.Bilaspur ---Non-applicant For Applicant :

Mr. Samir Singh, Advocate.

For-Non-applicant :

Mr. S. Awasthy, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 24/08/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 193 of 2013 registered at Police Station-Lormi, Distt.Mungeli, (C.G.), for the offence punishable under Sections 363, 366 & 376 of the IPC and Section 4 of the Protection of Children From Sexual Offences Act.

2.

Case of the prosecution, in brief, is that, the applicant abducted the minor prosecutrix aged about 15 years and 9 months and committed sexual intercourse with her and thereby committed the aforesaid offence. 3.

Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in the case. He would further submit that in fact, the applicant has married with the prosecutrix and the prosecutrix has given birth to child of the applicant and as

such, he is in jail since 24.7.2015.

4.

Learned State counsel would oppose the bail application. 5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; age of the prosecutrix and the manner in which the applicant is alleged to have committed sexual intercourse with the prosecutrix, this Court is not inclined to release the applicant on regular bail.

7.

Accordingly, bail application filed under Section 439 of the Cr.P.C. is rejected. However, the trial Court is directed to expedite the trial and conclude the same as early as possible.

8.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE B/-