Beer Bahadur Baiga @ Ballu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.685 of 2016 Beer Bahadur Baiga @ Ballu, aged about 20 years, son of Sukhlal @ Jarhu, resident of Village Madisarai, Police Station-Janakpur, TahsilBharatpur, District-Korea (CG) ---Applicant

Versus

State of Chhattisgarh, Through: Station House Officer, Police Station Janakpur, District-Korea (CG) ---Non-applicant For Applicant :

Ms Sharmila Shinghai, Advocate For Non-applicant :

Mr.D.R.Minz, Dy.G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 23/02/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.57/2015, registered at Police Station-Janakpur, District-Korea (CG), for the offence punishable under Sections 376 (2) (Tk), (>) (B) of the IPC and Sections 6 (B), 6, 9 (B) (Fk) & 10 of the Protection of Children from Sexual Offences Act, 2012.

2.

Case of the prosecution, in brief, is that the applicant committed sexual intercourse with the minor prosecutrix by which she became pregnant and while delivering a child she died along with her child. 3.

Learned counsel for the applicant would submit that the applicant has not committed any offence and he has falsely been implicated in crime in question. She would further submit that the alleged

complainant has already been died and there is no overwhelming evidence to connect the applicant that he has illicit relation with the deceased and by which she had become pregnant and died at the time of delivery.

4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts & circumstances of the case; further taking into consideration the nature & gravity of offence; age of the prosecutrix, who is said to be minor on the date of commission of offence and evidence available in case diary, I am not inclined to release the applicant on regular bail. Consequently, bail application filed on behalf of the applicant is rejected.

Sd/- (Sanjay K. Agrawal) JUDGE B/-