Shivprasad And Others v. State Of Chhattisgarh

MCRC No. 2557 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Proceedings through video conferencing MCRC No. 2557 of 2021 • Shivprasad S/o Shri Lalji Nageshiya Aged About 28 Years R/o Khatwa Bardar, Police Station Pasta District Balrampur Ramanujganj Chhattisgarh.

• Sukhna Ram S/o Thibhan Aged About 32 Years R/o Khatwa Bardar, Police Station Pasta District Balrampur Ramanujganj Chhattisgarh.

• Dharamsai S/o Sukhu Nageshiya Aged About 32 Years R/o Khatwa Bardar, Police Station Pasta District Balrampur Ramanujganj Chhattisgarh.

---- Applicants

Versus

• State of Chhattisgarh Through Police Station Pasta, District Balrampur Ramanujganj Chhattisgarh.

---- Respondent For Applicants - Shri Akath Kumar Yadav, Advocate.

For Respondent/State - Shri Chandresh Shrivastava, Dy.

Advocate General.

Hon'ble Shri Prashant Kumar Mishra Ag. Chief Justice Order On Board 14-07-2021

1. Heard.

2. The applicants have preferred the first bail application under Section 439 of the Cr.P.C., as they are arrested in connection with Crime No.09/2021, registered at Police Station Pasta, District- Balrampur-Ramanujgang (C.G.) for the offence

MCRC No. 2557 of 2021 punishable under Sections 376 (D), 323 of the Indian Penal Code.

3. The applicant Shivprasad alongwith co-accused persons Sukhna Ram and Dharamsai restrained the prosecutrix, assaulted her and committed rape.

4. Learned State counsel would oppose the prayer for grant of bail.

5. Considering the allegation of gang rape on three accused persons, I am not inclined to release the applicants on bail.

6. Accordingly, the present bail application of the applicants is rejected. However, liberty is reserved to revive the prayer after examination of the prosecutrix.

SD/- (Prashant Kumar Mishra) Acting Chief Judge Amardeep