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High Court Of ChhattisgarhMCRC/2908/2018rejected

Aman Beg @ Aman Beg @ Bhuru v. State Of Chhattisgarh

2018-07-23Hon'Ble Shri Justice Sanjay K. Agrawal3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 2908 of 2018 Aman Beg @ Aman Beg @ Bhuru, son of late Rahman Beg, aged about 30 years, resident of Ward No. 1, behind Bhatha High School, Police Station- Dharsinwa, District Raipur (C.G.) ---- Applicant

Versus

State of Chhattisgarh, through : Station House Officer, Police Station- Gudhiyari, Raipur, District - Raipur (C.G.0 ---- Non-applicant.

For Applicant :

Shri C.R. Sahu, Advocate.

For Non-applicant/State :

Shri Avinash Singh, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 23/07/2018 (1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 233/2017 registered at Police Station Gudhiyari, Raipur, District - Raipur for the offence punishable under Sections 365, 342, 323, 376, 506 & 368/34 of the Indian Penal Code.

(2) Case of the prosecution, in brief, is that applicant committed sexual intercourse with the prosecutrix against her will and thereby committed the aforesaid offences. (3) Learned counsel for the applicant submits that applicant has been falsely implicated in the crime in question as he has not committed any offence. He submits that similarly situated co-accused namely Gumeshwari Kosle & Shahjahan Begum have already been released on bail and the applicant is in detention since 16.09.2017 and, therefore, the

applicant is not entitled to be released on bail. (4) On the other hand, counsel for the State opposes the bail application. (5) Taking into consideration the facts & circumstances of the case; nature and gravity of the offence; material available on record against the applicant and the role of the applicant in the crime in question, I am not inclined the release the applicant on bail. Thus, bail application is rejected.

Sd/- (Sanjay K. Agrawal) Judge D/-