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Judgment
13 paragraphs · 243 wordsThis 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 have
been arrested in connection with Crime No.28/2018 registered at Police Station Sarkanda, District Bilaspur (C.G.) for the offence punishable under
Sections 363, 366 & 376 of the IPC and Sections 4 & 6 of the POCSO Act.
Case of the prosecution, in brief, is that the applicant has committed sexual intercourse with the minor prosecutrix and thereby committed the
aforesaid offence.
Learned counsel for the applicant would submit that the applicant has not committed any offence and has been falsely implicated in crime in
question, the applicant is in jail since 12-01-2018. Charge-sheet has already been filed and no useful purpose will be served by detaining him in jail,
therefore, he may be released on regular bail.
On the other hand, learned counsel for the State would oppose the bail application.
I have heard learned counsel appearing for the parties and perused the case diary.
Taking into consideration the facts and circumstances of the case, further taking into consideration the nature and gravity of the offence and in
particular age of the prosecutrix who was minor on the date of offence, this Court is not inclined to extend the benefit of regular bail to the applicant.
Accordingly, the bail application filed under Section 439 of the Cr.P.C. is rejected.