High Court Of ChhattisgarhMCRC/6472/2019rejected

Jitendra @ Jittu Nirmalkar v. State Of Chhattisgarh

2019-12-20Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6472 of 2019 • Jitendra @ Jittu Nirmalkar S/o Kedarnath Nirmalkar Aged About 20 Years R/o Banjari Nagar, Near Shitla Chowk, D.D. Nagar, Police Station D.D. Nagar, Raipur, Tahsil, Raipur, District - Raipur Chhattisgarh...(In Jail).

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station D.D. Nagar, Raipur District Raipur Chhattisgarh.

---- Respondent For Applicant.

Ms. Laxmin Kashyap, Advocate.

For Respondent/State :

Ms. Reena Singh, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 20.12.2019

1. Pursuance to order dated 28.11.2019 of this Court, informant of the case namely, Chintaram Sahu (father of the prosecutrix) is present today. On being asked, he has made his objection regarding grant of bail to the applicant.

2. His presence be marked.

3. The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 245/2019 registered at Police Station : D.D. Nagar, Raipur, District Raipur (C.G.) for the offence punishable under Section 376 of IPC and Sections 4 & 6 of the Protection of Children From Sexual Offences Act, 2012.

4. As per the prosecution case, the present applicant has committed sexual intercourses with the prosecutrix against her will. Thereafter, offence has been registered against the applicant and he was arrested.

5. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. She further submits that applicant is in jail since 13.07.2019 and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this Hon'ble Court, therefore, he may be released on bail.

6. On the other hand, State counsel as well as complainant opposes the bail application and submits that on the date of commission of offence the prosecutrix was below 16 years.

7. I have heard learned counsel for the parties and perused the record.

8. Considering the totality of the facts and circumstances of the case, objection of the complainant, in particular the age of the prosecutrix, at this stage, I am not inclined to release him on bail.

9. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is rejected.

Sd/- (Rajani Dubey) Judge Vijay Sahu