Shani Sandey v. The State Of Chattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3833 of 2020 • Shani Sandey S/o Bedram Sandey Aged About 28 Years R/o Village Dongari, Tahsil And Police Station Akaltara, District Janjgir Champa Chhattisgarh ---- Applicant

Versus

• The State Of Chattisgarh Through The P.S. Akaltara, District Janjgir Champa Chhattisgarh ---- Respondent For Applicant :

Shri Kalyan Kalamkar, Advocate For State :

Shri Ravish Verma, Govt. Adv.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 29/06/2020 Heard.

The applicant has been arrested in connection with Crime No.294/2019 registered at Police Station - Akaltara, District - Janjgir-Champa (CG) for alleged commission of offences under Section 376, 294, 506 of IPC. 2.

This is repeat bail application. First application for grant of regular bail was rejected on 18/03/2019.

3.

Prosecution allegation is that the applicant committed rape on his sister-in-law who is about 181⁄2 years of age. According to the prosecution, when the applicant was bringing her back after getting her treated for headache, he took her forcibly to the jungle, tied her hands, committed rape and asked her not to disclose the incident to anyone. The FIR was lodged in the police station on 22/10/2019.

4.

Learned counsel for the applicant submits that he has been falsely implicated. He would argue that earlier, the applicant had lent money to the brother of the prosecutrix and the money was not returned. When the applicant started asking the money, this false story has been made out against him by his sister-in-law, the prosecutrix.

5.

On the other hand, learned State counsel submits that a specific written report was lodged on 24/10/2019 making specific allegations of commission of rape on the prosecutrix who is a young girl, who was coming back with her brother-in-law / the applicant. He took her to the jungle, tied her hands and committed rape on her. 6.

Taking into consideration the submission of learned counsel for the parties and material contained in the case diary, as disclosed by the State counsel, no case is made out for grant of bail. The bail application is accordingly rejected. Sd/- (Manindra Mohan Shrivastava) Judge Deepti