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High Court Of ChhattisgarhMCRC/5362/2016dismissed

Prahlad Sonwani @ Bhakt Prahlad v. State Of Chhattisgarh

2016-08-26Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5362 of 2016 Prahlad Sonwani @ Bhakt Prahlad S/o Narayan Sonwani Aged About 24 Years R/o Village Mahendragarh, Post - Khamaripara, P.S. - Mainpur (Chowki - Nawagarh), District Gariyaband Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh Through Police Station - Rajim, District - Gariyaband Chhattisgarh ---- Respondent For Applicant :- Mr. Mohammad Afroz Athar, Advocate For Respondent/ State :- Mr. Neeraj Jain, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board By 26/08/2016 1.

This is the second bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 10/2016 registered at Police Station- Rajim, District Gariyabandh (C.G.) for the offence punishable under Sections 363,366,376 of IPC and section 4,5 and 6 of Protection of Children from Sexual Offence Act, 2012.

2.

The first bail application of the applicant was dismissed as withdrawn with liberty to revive the same after examination of the prosecutrix on 18.07.2016 in M.Cr.C. No. 3768 of 2016. 3.

Counsel for the applicant submits that after filing of the chargesheet so many evidence have been collected to show that there is change of circumstance. However, on being asked it was

categorically submitted that the prosecutrix has not yet been examined.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

In view of the above, I do not find any change of circumstances in this case. Therefore, I am not inclined to release the applicant on bail.

6.

Accordingly, the second application for grant of bail is rejected. Sd/- (Goutam Bhaduri) Judge Santosh