Ajay Sonwani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5466 of 2017 Ajay Sonwani S/o Reshamlal, Aged About 18 Years R/o Village Belsonda, Police Station & Tahsil Mahasamund, District Mahasamund Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Police Station - Mahasamund, Civil and Revenue, District - Mahasamund (CG) ---- Respondent Shri B.L.Sahu, counsel for the applicant/s.

Shri Avinash Singh, Panel Lawyer for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 22/11/2017 Heard.

The applicant has been arrested in connection with Crime No.164/2017 registered at Police Station - Mahasamund, Civil and Revenue District - Mahasamund (CG) for alleged commission of offences under Section 363, 366 and 376 of IPC and under Section 4 of the POCSO Act. 2.

Case of the prosecution is that the applicant committed rape on the prosecutrix who is minor in age.

3.

Learned counsel for the applicant submits that he has been falsely implicated. The prosecutrix had an affair with the applicant and the applicant has not committed any rape.

4.

On the other hand, learned State counsel submits that in the statement under Section 161 CrPC of the prosecutrix, she has stated regarding commission of rape by the applicant and the records of Kotwar show that the prosecutrix is minor in age.

5.

Considering the submission of learned counsel for the parties and material on record, I am not inclined to grant bail to the applicant. 6.

The application is accordingly rejected.

Sd/- (Manindra Mohan Shrivastava) Judge Deepti