Dwarika Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 717 of 2018 • Dwarika Sahu S/o Budhram Sahu Aged About 48 Years R/o Village Amodi, Police Station Arang, P.S. Arang District Raipur Chhattisgrh ---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Arang District Raipur Chhattisgarh ---- Respondent For Applicant :

Shri A.D. Kuldeep, Advocate For Respondent-State :

Shri SRJ Jaiswal, PL for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 25/01/2018

1. This is the Second Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 27.03.2017 in connection with Crime No. 146/2017 registered at Police Station Arang, District Raipur (CG) for the offence punishable under Sections 376 & 450 of the I.P.C.

2. The First Bail Application bearing M.Cr.C. No.4781/2017 was dismissed as withdrawn with liberty to move again after examination of the prosecutrix.

3. Learned counsel for the applicant submits that now the prosecutrix has been examined in this case, therefore, the applicant may be released on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail.

5. After going through the statement of the prosecutrix, wherein positive allegations have been made against the applicant and it would be for the

trial Court to adjudicate the authenticity of the statement after evaluating the entire evidence available on record, Considering the same, I do not find any change of circumstances to consider this repeat bail application. Accordingly, the bail application is dismissed. Sd/- Goutam Bhaduri Judge Ashu