Ghanshyam Rajak v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 201 Ghanshyam Rajak, S/o- Motilal Rajak, aged about 32 years, R/o Village Shivpur, Church Colony, P.O. Line, Koriya, Presently R/o: Batalian, Amleshwar, Distt. Durg (C.G.) ---- Applicant

Versus

State Of Chhattisgarh, Through: District Magistrate, Civil and Revenue Distt. Durg (C.G.) ---- Non-applicant For Applicant:

Shri Amiyakant Tiwari, Advocate.

For Respondent/State:

Shri Adhiraj Surana, Dy. Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 02/0 2 /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. 45/15 registered at Police Station Amleshwar, District Durg for the offences punishable under Sections 376 (2)(x) (p) & (Hk) of the Indian Penal Code & Sections 5 & 6 of POSCO Act, 2012. (2) Taking into consideration the facts & circumstances of the case; and looking to the nature and gravity of the offence; further

considering the age of the prosecutrix, who is said to be the minor on the date of incident i.e. 9 years, I am not inclined to release the applicant on bail. Thus, bail application is rejected. However, the trial Court is directed to expedite the trial as the five prosecution witnesses have already been examined. Certified copy, as per rules.

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