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High Court Of ChhattisgarhMCRC/2959/2015dismissed

Bhagirathi Bariha v. State Of Chhattisgarh

2015-06-30Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2959 of 2015 • Bhagirathi Bariha S/o Late Mahesh Bariha Aged About 21 years R/O Village- Pirda, Police Station- Basna, DistrictMahasamund, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh S/o Through: Station House Officer, Police Station- Sankra, District- Mahasamund, Chhattisgarh ---- Respondent For Applicant:

Shri Vikash Pradhan, Advocate.

For Respondent/State: Shri Lav Sharma, PL Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 30/06/2015 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No.20/2015 registered at Police Station Sankra, District Mahasamund for the offences punishable under Sections 363, 366, 376 & 506/34 of the Indian Penal Code and Section 4 of Protection of Children from Sexaul Offences Act, 2012.

(2) Taking into consideration the facts & circumstances of the case; further considering the age of the prosecutrix and her statement recorded under Section 161 Cr.P.C.; and considering the fact that case of the present applicant is distinguishable to the other co-accused namely Dinesh Nishad, who has already been granted bail by this Court vide order dated 4.5.2015 passed in M.Cr.C. No.1771of 2015, I am not inclined to release the applicant on bail. Therefore, the bail application is rejected. Sd/- (Sanjay K. Agrawal) Judge D/-