Manoj Kumar Giri v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3403 of 2016 Manoj Kumar Giri S/o Bankat Giri Aged About 22 Years, By Caste Goswami, R/o Village Balampur, Kathrapara, Police Station Sitapur, District Sarguja, Chhattisgarh. Present Address Kenabandh, Ambikapur, P.S. Ambikapur, District Sarguja, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through Station House Officer, Police Station A J A K Ambikapur, District Sarguja, Chhattisgarh. ---- Respondent For applicant - Shri Sushil Dubey, Advocate. For Respondent/State - Shri Neeraj Sharma, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 8/07/2016 1.

This is second bail application under Section 439 of Cr.P.C. The earlier bail application was dismissed on 8/12/2015 in M.Cr.C. No.6727 of 2015.

2.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.10/2015 registered in Police Station AJAK Ambikapur, District Sarguja (C.G.) for offence punishable under sections 376, 450, 506 (B) of Indian Penal Code and Section 3(2)(5) Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. 3.

As per the prosecution case on 29/08/2015 at about 6.00 pm the prosecutrix was sleeping alone in her house, at that time the applicant has entered into the house of the prosecutrix and forcefully committed rape on her and threatened the prosecutrix to kill her if she discloses the fact. Thereafter, prosecutrix lodged the report against the applicant. Thereby, the offence is committed.

4.

Learned counsel for the applicant submits that the applicant is in jail

since 30/08/2015 and the prosecutrix has been examined, she has not supported the case of the prosecution, therefore the applicant may be released on bail.

5.

Learned State counsel opposes the prayer for grant of bail. 6.

The statement of the prosecutrix is attached as Annexure A-3. After perusal of the statement of the prosecutrix the cross-examination cannot be appreciated in the light of the statement made in examination-in-chief at the time of hearing of the bail. It is for the trial court to adjudicate the same after entire evidence is placed before the court. Taking into such statement, this court is not inclined to release the applicant on bail. 7.

Accordingly, the bail application is dismissed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri