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Judgment
16 paragraphs · 276 wordsSanjay K. Agrawal, J
This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have
been arrested in connection with Crime No. 117/2016, registered at Police Station Devbhog, District Gariyaband (C.G.) for the offence punishable
under Sections 363, 366, 376(2)(n) of the Indian Penal Code and Section 4/6 of the Protection of Children From Sexual Offences Act, 2012.
Case of the prosecution, in brief, is that, the applicant has committed sexual intercourse with the minor prosecutrix and thereby committed the
offence under the aforesaid sections.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question and has not committed any offence.
He further submits that the applicant is in custody since 20.10.2016 and charge-sheet has been filed and also the trial is likely to take some time for its
final disposal, therefore he may be released on bail.
On the other hand, learned counsel for the State opposes the bail application.
I have heard learned counsel appearing for the parties and perused the case diary.
Taking into consideration the facts & circumstances of the case; further taking into consideration the nature & gravity of the offence; role of the
present applicant; and also the age of the minor prosecutrix being minor aged about 16 years on the date of offence, I do not consider it a fit case, in
which, the applicant should be enlarged on regular bail.
Accordingly, bail application filed under Section 439 of the Cr.P.C. is rejected.
Certified copy as per rules.