Vijay @ Kaju Tandi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

1 075 of 201 Vijay @ Kaju Tandi, S/o. Shri Ugrasen Tandi, aged about 23 years, R/o. Subhas Nagar Mahasamund, Civil & Revenue Distt. - Mahasamund (C.G.) ---- Applicant

Versus

State Of Chhattisgarh Through: Station House Officer, Police Station -Mahasamund, Distt. Mahasamund (C.G.) -----Non-applicant For Applicant:

Mr. Sunil Sahu, Advocate.

For Respondent/State:

Mr. Suvigya Awasthy, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board /0 3 /201 Heard.

(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. 387/2015 (As per charge sheet) registered at Police Station Mahasamund, Distt. Mahasamund for the offences punishable under Sections 363, 366 & 376 of Indian Penal Code and Sections 4 & 8 of Protection of Children from Sexual Offences Act, 2012.

(2) After hearing learned counsel appearing for the applicant and taking into consideration the nature & gravity of the offence and manner in which applicant has kidnapped and committed sexual intercourse with the prosecutrix, who is said to be the

minor on the date of offence; and the fact that earlier the applicant has been convicted for the offences punishable under Sections 363, 366 & 376 of the Indian Penal Code, I am not inclined to release the applicant on bail. Thus, the bail application is rejected.

Certified copy, as per rules.

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