Arjun Yadav v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7158 of 2015 Arjun Yadav S/o Kartik Ram Aged About 50 Years Caste Mahkul, R/o Village Charaikhara, Tahsil Kunkuri, District Jashpur Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Narayanpur, District Jashpur Chhattisgarh.

---- Respondent _____________________________________________________________ For applicant - Shri J.K. Saxena, Advocate.

For Respondent/State - Shri Anant Bajpai, PL. Hon'ble Shri Justice Goutam Bhaduri Order 21/12/2015 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 106/2015 registered in Police Station Narayanpur, District-Jashpur (C.G.) for offence punishable under section 376, 506, 323 of IPC.

2.

As per the prosecution case, on 29/09/2015 the prosecutrix went for grazing the buffalo to the field, at that time applicant came from behind, took her towards another field by beating by club and thereafter committed sexual intercourse.

3.

Learned counsel for the applicant submits that applicant has been falsely implicated in this case and considering the age of the prosecutrix, it was case of consent, therefore, the applicant may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

After going through the statement of prosecutrix under Section 161 and 164 of Cr.P.C. wherein she has supported the case of the prosecution, this court is not inclined to release the applicant on bail. 6.

Accordingly, the bail application is dismissed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri