Naresh Rai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 730 of 2016 • Naresh Rai S/o Shri Hewanchand Rai Aged About 41 Years R/o Village Bargawan, Police Station Marwahi, Tahsil Marwahi, Civil & Rev. District Bilaspur Chhattisgarh.

---- Petitioner

Versus

• State Of Chhattisgarh Through S.H.O., Police Station Pendra, District Bilaspur Chhattisgarh.

---- Respondent For Applicant Shri Arvind Shrivastava, Advocate For Respondent-State Shri P. K. Bhaduri, GA Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 11/07/2016 1.

The applicant has preferred this anticipatory bail application as he is apprehending his arrest in connection with Crime No.159/14, registered at Police Station Pendra, District Bilaspur (C.G.) for offence punishable under Sections 363, 376, 506, 34 of IPC and Section 3 and 4 of the Protection of Children from Sexual Offences Act, 2012 (henceforth 'the POCSO Act').

2.

This is the third bail application before this Court under Section 438 of the Cr.P.C. Although the first bail application was dismissed as withdrawn on 17.10.2014, however, the said order was passed after hearing learned counsel for the applicant for sometime. The second bail application was also dismissed on 19.01.2015.

3.

This application has been preferred on the ground that the co-accused, who was sent for trial, has been acquitted of the charges under the POSCO Act and has only been convicted under Section 376 & 366 of IPC.

4.

It appears, the applicant is absconding for last about 2 years, therefore, no case is made out for entertaining this third anticipatory bail application. Accordingly, the bail application is dismissed. Sd/- JUDGE PRASHANT KUMAR MISHRA Nirala