Mangru Ram Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MISC. CRIMINAL CASE NO. 1901 OF 2018 Mangru Ram Yadav, S/o Kadarpo Yadav, aged about 55 years, CasteMahkul, R/o Dandtoli, Sarabkombo, Police Station- Bagicha, District Jashpur (C.G.) ... Applicant versus State of Chhattisgarh, through Station House Officer, Police Station- Bagicha, District Jashpur (C.G.) ... Respondent For Applicant :

Mr. J.K. Saxena, Advocate.

For Respondent-State :

Ms. Sunita Jain, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 23/04/2018 1.

The present is an application filed under Section 439 of CrPC seeking for grant of bail to the Applicant who is in jail since 24.11.2017 in connection with Crime No. 199/2017 registered at Police Station- Bagicha, District- Jashpur, for the offence punishable under Sections 376, 506 of IPC and Section 4, 6 of POCSO Act.

2.

Allegation against the Applicant as per the prosecution is that the Applicant is said to have ravished the Prosecutrix, a minor girl aged about 12 years.

3.

Learned Counsel for the Applicant submits that there is a delay in the lodging of the FIR which makes the case of the prosecution doubtful and thus prayed for grant of bail to the Applicant. 4.

Learned Counsel for the State however referring to the statement of the Prosecutrix submits that taking into consideration the gravity of the offence and the age of the Prosecutrix the Applicant does not deserve to be released on bail.

5.

Taking into consideration the entire facts and circumstances of the case, particularly considering the age of the Prosecutrix and the gravity of the offence, this Court is not inclined to grant bail to the Applicant. 6.

Accordingly, the application for grant of bail is rejected. Sd/- (P. Sam Koshy) /sharad/ Judge