Dageshwar @ Dagen v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3107 of 2018 Dageshwar @ Dagen S/o Punuram Sahu Aged About 19 Years Caste Teli, R/o Village Shivni Kala, Police Station Komakhan, Tahsil Bagbahra, District Mahasamund, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Komakhan, Civil And Revenue District Mahasamund, Chhattisgarh.

---- Respondent For applicant -Shri Punit Ruparel, Advocate. For Respondent/State- Smt. Astha Shukla, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 26/06/2018 Heard.

1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.32/2018 registered in Police Station Komakhan, Distt. Mahasamund (C.G.) for offence punishable under sections 363, 376 of IPC and section 4 & 6 of Protection of Children from Sexual Offences Act, 2012.

2.

As per the prosecution case, on 18/03/2018 the applicant committed forceful rape with the girl who was aged about 6 years. 3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case, no evidence is against the applicant that she was subjected to forceful rape, therefore the applicant may be released on bail.

4.

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

Perused the statement of mother of the victim as also the victim.

Also perused the medical report which shows that hymen was ruptured. Considering the same, I am not inclined to release the applicant on bail. 6.

Accordingly, the bail application is dismissed. Sd/- (Goutam Bhaduri) JUDGE gouri