Vikas Kumar Khandey v. State Of Chhattisgarh

MCRCA No. 1597 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1597 of 2020 Vikas Kumar Khandey, S/o Chatur Prasad Khandey, aged about 23 years, R/o Pendari, Tahsil Takhatpur, District Bilaspur (CG) ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Akaltara, District Janjgir Champa (CG) ---- Non-Applicant For Applicant : Shri Yogendra Chaturvedi, Advocate.

For Non-Applicant : Shri Saumya Rai, Panel Lawyer. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 28/01/2021 :

1. The applicant has preferred this application for grant of anticipatory bail as he apprehends his arrest in connection with Crime No.129/2020, registered at Police Station Akaltara, District Janjgir Champa for offence punishable under Sections 363, 366 and 376 of the IPC and Section 4 & 6 of the POCSO Act.

2. The applicant has committed forcible sexual intercourse with the prosecutrix aged about 16 years & 1 month. Although in her statement recorded before the Juvenile Justice Board she speaks of an affair and sexual intercourse with the applicant but it is also to be seen that she is less than 18 years of age and the applicant happens to be a close relative of the prosecutrix being her maternal uncle.

3. In the circumstances, I am not inclined to release the applicant on

MCRCA No. 1597 of 2020 anticipatory bail. Accordingly, the application is rejected. However, if the applicant surrenders and applies for regular bail before the Sessions Court, the concerned Sessions Court shall consider and decide the application expeditiously.

Sd/- Judge (Prashant Kumar Mishra) Barve