Santosh Kumar Sao v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C. No. 1481 of 2018 Santosh Kumar Sao S/o Shri Balakram Sao, aged about 58 years, R/o village Aurda, Police Station Pushor, District Raigarh (C.G.). --- Applicant

Versus

State Of Chhattisgarh Through P.S.Pushor, District Raigarh (C.G.). ---Non-applicant For Applicant :

Shri Sanjay Agrawal along with Shri Akhand Pratap, Advocates.

For State :

Ms.M.Asha, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 26/02/2018 1.

The applicant has preferred this bail application under Section 439 Cr.P.C. in connection with Crime No.43/2017 registered at Police Station Pushor, District Raigarh (C.G.) for the offence punishable under Sections 376 and 511 of IPC and Sections 6, 8 of Protection of Children from Sexual Offences Act, 2012.

2.

The present is the repeat bail application. The earlier bail application filed by the applicant stood dismissed on 14/06/2017 with liberty to revive the same after examination of the prosecutrix. 3.

Present bail application now has been filed after the prosecutrix has been examined.

4.

Perusal of record would show that, the prosecutrix infact has supported the case of the prosecution during the course of her evidence before the trial Court.

5.

Though, the contention of the counsel for the applicant is that, there are many contradictions and omissions in the statement of the prosecutrix

-2and that it is a false case levelled against the applicant, but considering the fact that she has supported the case of the prosecution and taking into consideration the fact that, she is a 12 years old minor, this Court is of the opinion that no case for grant of bail is made out at this juncture and the same is accordingly rejected.

6.

However, it is expected that the Trial Court should make all endeavors for conclusion of the Trial at the earliest. Sd/- (P. Sam Koshy) Sumit Judge