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High Court Of ChhattisgarhMCRC/4704/2016dismissed

Bhaiyalal And ANR. v. State Of Chhattisgarh

2016-08-22Hon'Ble Shri Justice Goutam Bhaduri2 pages

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 4704 of 2016

1. Bhaiyalal, S/o. Jagnarayan Harijan, aged about 32 years, CasteHarijan,

2. Pawan Kumar, S/o. Mohar Lal Harijan, aged about 25 years, Both are R/o. Village-Chapda, Police Station and Tahsil Odgi, District - Surajpur (C.G.) ----Applicants

Versus

1. State of Chhattisgarh, Through : Police Station- Odgi, District - Surajpur (Chhattisgarh) ---- Respondent For Applicants : Mr. Dashrath Kushwaha, Advocate For Respondent/State : Ms. Shobha Kashyap, Dy.G.A.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 22/08/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No.29/2016, registered at Police Station - Odgi, District - Surajpur (C.G.) for the offence punishable under Section 341, 506, 323, 376 (2) (G) of the Indian Penal Code and Section 4, 6 of Protection of Children from Sexual Offences Act.

2.

Case of the prosecution, in brief, is that on 08.04.2016, Bhaiyalal, Pawan along with other co-accused persons while the prosecutrix was coming back stopped her in the way and took her to the school and gang rape was committed. Thereafter one of the co-accused,

Page No.2 Nageshwar called Manikchand Kurre, who assaulted the prosecutrix and thereafter left her at certain place. Subsequently, the report was made on 10.04.2016. Thereby the offence has been committed. 3.

Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. It is further submitted that though the applicants have been named in the FIR, but they have not committed the offence, therefore, the counsel prays that the applicants may be enlarged on bail.

4.

On the other hand, learned counsel for the State opposes the bail application.

5.

I have heard learned counsel appearing for the parties. 6.

Perused the statement of the prosecutrix, wherein positive allegations have been attributed against the applicants. Taking into such statement, I am not inclined to release the applicants on bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is dismissed.

Sd/- (Goutam Bhaduri) Judge Balram