Jila Prasad @ Nanhe v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5529 of 2017 Jila Prasad @ Nanhe S/o Ramprasad, Aged About 23 Years Caste Bhaina, R/o Village Amaru, P. S. Pendra, Tahsil Pendra, District Bilaspur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Pendra, District Bilaspur, Chhattisgarh.

---- Respondent None for the applicant, even in the second round. Shri Avinash Singh, Panel Lawyer for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 24/11/2017 Heard.

The applicant has been arrested in connection with Crime No.87/2017 registered at Police Station - Pendra, Distt. - Bilaspur (CG) for alleged commission of offences under Section 323, 376 of IPC.

2.

Case of the prosecution is that the applicant entered the house of the prosecutrix when she was all alone and committed offence of rape. 3.

Learned State counsel would submit that the prosecutrix and her statement under Section 164 CrPC as also under Section 161 CrPC, has clearly stated regarding the alleged act.

4.

Having perused the case diary and 164 CrPC statement of the prosecutrix and the manner in which the applicant committed the offence against the prosecutrix, I am not inclined to grant bail to the applicant.

5.

The application is accordingly rejected.

Sd/- (Manindra Mohan Shrivastava) Judge Deepti