Rajkumar Kewat v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6184 of 2017 Rajkumar Kewat S/o Shri Mathura Prasad Kewat Aged About 36 Years R/o Village- Hadhapara Kasdol, Police Station Kasdol, Civil And Revenue District Balodabajar- Bhatapara, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Kasdol, District Balodabajar Chhattisgarh.

---- Respondent For Applicant :

Shri Sunil Sahu, Advocate For Respondent/State :

Shri Satish Gupta, Advocate S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 28/11/2017 Heard.

1. The applicant has been arrested in connection with Crime No.239 of 2017 registered at Police Station-Kasdol, Distt. Balodabajar C.G.) for the alleged commission of offence under Section 455, 376 of IPC and Section 3(2)(V)(A) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

2. Case of the prosecution is that the applicant committed rape on the prosecutrix.

3. Learned counsel for the applicant submits that the manner in which the prosecutrix has narrated the story, it appears to be a case of consent.

4. On the other hand, learned State counsel opposes the prayer and submits that the prosecutrix has clearly stated regarding commission of offence under Section 164 Cr.P.C. statement.

5. Considering the submission, the bail application is rejected. Sd/- (Manindra Mohan Shrivastava) Judge Rekha