Advocates:
['Hariom Rai', '', 'Sachin Nidhi', 'Palak Jindal', 'AMAR NATH RAI', 'A G']

1

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 4780 of 2022

Chandan Painkra S/o Sahdev Painkra, aged about 19 years, R/o

Village Mangari, PS Sitapur, Hal Mukam Village Asola,

Ghutrapara, PS & Tehsil Ambikapur, District Sarguja, CG

---- Applicant

Versus

State Of Chhattisgarh Through SHO of P.S. Ambikapur, District

Sarguja, CG

--- Respondent

For Applicant

-

Shri Sachin Nidhi, Advocate

For State

-

Shri Vinod Tekam, PL

Order on Board by Hon'ble Shri Justice

Sachin Singh Rajput

28

/09/2022

This application under Section 439 of the Code of Criminal Procedure

has been filed by the applicant who is in jail in connection with Crime No.

233/2022 registered at Police Station Ambikapur, Sarguja for the offence

punishable under Sectioins 363, 366, 376 (2-n) IPC and Sections 4 and 6 of

the POCSO Act.

2.

Case of the prosecution in brief is that the applicant took away the

minor prosecutrix on the promise of marriage and committed forcible sexual

intercourse with her.

3.

Counsel for the applicant submits that the age of the prosecutrix is

doubtful and she appears to be more than 18 years old. He submits that in

her 161 CrPC statement she has not supported the case of the prosecution.

He further submits that the applicant is in jail since 21.3.2022, the trial may

take time for conclusion, and therefore bail may be granted to him.

4.

On the other hand, counsel for the respondent/State opposes the

application for bail and submits that in 161 CrPC statement the prosecutrix

has stated against the applicant,however, in her 164 CrPC statement she

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does not appear to have supported the case of the prosecution. He submits

that age of the prosecutrix at the time of incident was less than 18 years and

this fact can be ascertained well after her examination in the Court.

5.

On 1.8.2022 the prosecutrix appeared through VC with her mother

and raised serious objection for grant of bail to the applicant.

6.

After hearing counsel for the parties, considering the facts and

circumstances of the case, seriousness of the allegations and the objection

raised by the prosecutrix and her mother, this Court is not inclined to release

the applicant on bail. Accordingly, the application is rejected.

Sd/-

(Sachin Singh Rajput)

Judge

Jyotishi