VETTY HADMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicants have preferred this first bail application under Sec. 439 of the Cr.P.C. for grant of regular bail as they are in custody in connection with crime No. 19 of 2022 registered in Police Station Dornapal, District Sukma, CG for offence punishable under Ss. 363, 376 and 354/34 of IPC and Ss. 4 and 8 of POCSO Act.

(2.) The case of the prosecution in brief is that on 10/4/2022, the prosecutrix along with her friends went to attend the marriage and were dancing and on the way, three accused/applicants came into motorcycle and offered lift and they took the prosecutrix in the motorcycle and thereafter took them to forest and thereafter the applicant Vetty committed rape with her and other two accused persons molested her friends. Subsequently, on the report made by the prosecutrix on FIR was registered on 16/4/2022 and offences were registered against the present applicants.

(3.) Learned counsel for the applicant submits that the applicants are innocent and has been falsely implicated in the case. He further submits that age of the prosecutrix is doubtful and applicants are in jail since 17/4/2022 and charge-sheet has already been fled. He further submits that in medical report no injury has been found, trial is likely to take some time therefore, they may be enlarged on bail.