Satrughan Satnami v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 487 OF 2016 Satrughan Satnami S/o Sukhsagar Tandon aged about 22 years, R/o Village Tekari, P.S. Masturi, Dit. Bilaspur (CG) ---Applicant

Versus

State of C.G. through P.S. Civil Lines, Distt.Bilaspur (CG) ---Non-applicant For Applicant :

Mr. Amit Kumar, Advocate.

For-Non-applicant :

Ms. Ashtha Shukla, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 17/02/2016 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.694/2015, registered at Police Station-Civil Lines, Bilaspur, DistrictBilaspur (C.G.), for the offence punishable under Sections 376H of the IPC and Sections 3 & 4 of the Protection of Children from Sexual Offence Act, 2012.

2.

Case of the prosecution, in brief, is that the applicant is said to have committed forcible sexual intercourse with the minor prosecutrix prior to 3.11.2015 and thereby committed the aforesaid offences. 3.

Learned counsel for the applicant would submit that applicant has not committed any offence and he has falsely been implicated in

crime in question. He would further submit that the applicant is in jail since 6.11.2015, charge-sheet has already been filed and no further interrogation is required to be taken and therefore, he may be released on regular bail.

4.

Learned State counsel would oppose the prayer for grant of bail and submit that age of the prosecutrix on the date of commission of offence was 14 years.

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 the offence particularly age of the prosecutrix; medical evidence available on record and role of the present applicant, this Court is not inclined to release the applicant on regular bail.

7.

Accordingly, bail application filed under Section 439 of the Cr.P.C. is rejected.

8.

Certified copy as per rules.

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