Om Prakash Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6610 of 2015 • Om Prakash Verma S/o Late Budhram Verma Aged About 39 Years R/o Satyam Vihar Colony Raipura, P.S. D.D. Nagar, Civ & Rev. Distt. Raipur Chhattisgarh --- Petitioner

Versus

• State of Chhattisgarh through : P.S. D. D. Nagar, Civ : & Rev : Distt : Raipur Chhattisgarh --- Respondent For the applicant :

Mr. Devershi Thakur, Advocate For the Respondent :

Mr. Ashish Shukla, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 14.12.2015

1. This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 196/2015 registered at P.S. D.D. Nagar, District Raipur (C.G) for the offence punishable under Section 376 of IPC.

2. Case of prosecution, in brief, is that on 06.10.2015 the applicant and her wife went to attend the last rituals of some person and on his request the prosecutrix who is sister in law of the applicant has gone to the house of accused to look after his children. Subsequently at about 1.30 p.m., the applicant came back to his house where the prosecutrix was alone. Thereafter, the applicant caught hold of her hand and dragged her to the bedroom and thereafter committed forcible sexual intercourse with her.

3. Learned counsel for the applicant submits that the applicant has been fasely implicated in this case. He further submits that there is land dispute between the two sisters where the

husband of prosecutrix is demanding the entire land and therefore, the false allegations have been made against him.

4. Per contra, learned State Counsel opposes the bail application.

5. I have gone through the statements of prosecutrix u/s 161 & 164 Cr.P.C.

6. Taking into statements of the prosecutrix u/s 161 & 164 Cr.P.C., which have supported the allegations against the applicant, I am not inclined to release the applicant on bail. Accordingly, it is dismissed.

Sd/- GOUTAM BHADURI JUDGE Rao