Hemant Singh Pottam v. State Of Chhattisgarh

MCRC No. 3458 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3458 of 2020 • Hemant Singh Pottam S/o Lal Singh Pottam Aged About 20 Years, Caste Gond, R/o- Village Pondi, P.S. Marwahi, DistrictGourela-Pendra-Marwahi, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through P.S. Marwahi, District- GourelaPendra- Marwahi, Chhattisgarh ---- Respondent For Applicant Mr. FS Khare, Advocate For Respondent /State Ms. Fouzia Mirza, Additional Advocate General Proceedings through Video Conferencing SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 16/9/2020

1. Heard.

2. This is an 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.32/2020 registered at Police Station Marwahi, District Gaurela-PendraMarwahi (CG) for the offence punishable under Sections 341, 366 A, 376 D of the IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012.

MCRC No. 3458 of 2020

3. Two accused persons including the present applicant committed rape with the prosecutrix, aged about 16 years.

4. It is argued that the prosecutrix was not aware of the names of the accused and medical evidence is not substantiating the allegations made by the prosecutrix, therefore, the applicant is entitled to be released on bail.

5. Named FIR has been lodged against the present applicant, therefore, no case for grant of bail is made out.

6. Accordingly, the bail application is dismissed. However, the applicant would be at liberty to revive the prayer after examination of the prosecutrix.

Sd/- (Prashant Kumar Mishra) Judge Shyna