REKHA KINNAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the 1st bail application filed under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the Applicant, who has been arrested in connection with Crime No.267/2023 registered at P.S City Kotwali, District Raigarh (CG) for the offence under Ss. 363 and 377 IPC, as also under Sec. 6 of the POCSO Act.

(2.) Prosecution case is that father of the victim-boy lodged a written complaint stating that on 25/3/2023, at about 11 am, his son aged 16 years 11 months went missing and was found near maldhakka, Raigarh. It is alleged that the victim boy came in contact with the present Applicant 4-5 months prior to the date of incident and was being subjected to unnatural sex by him repeatedly and he was also threatened to be killed, therefore, the offence as aforesaid has been registered against the present Applicant.

(3.) Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the crime in question for which, he is in jail since 2/4/2023, there is no chance of tampering of the evidence or absconding, conclusion of trial is likely to take quite some time, therefore, considering all these aspects, the present Applicant may be released on bail.