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High Court Of ChhattisgarhMCRC/905/2016dismissed

Rakesh Lakda v. State Of Chhattisgarh

2016-03-02Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

Rakesh Lakda, S/o Rajlal Lakda, aged about 20 years, R/o Madneshwarpur, Police Station Ramanujnagar, District Surajpur (C.G.) ---- Applicant

Versus

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

Mr. Pushpendra Kumar Patel, Advocate.

For Non-Applicant/State: Mr. Vivek Singhal, 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. 135/2015 registered at Police Station Ramanujnagar, District Surajpur (C.G.) for the offences punishable under Section 363, 376(D) r/w 376 (2Jh) of the Indian Penal Code and Section 4 of Protection of Children from Sexual Offences Act. (2) Case of the prosecution, in brief, is that applicant along with two other co-accused persons gang raped the minor prosecutrix and thereby committed the aforesaid offences. (3) After hearing learned counsel for the parties; taking into

consideration the nature & gravity of the offence; role of the applicant in the offence in question; and the manner in which the gang rape is said to have been committed by the applicant along with two other co-accused persons with the prosecutrix, who is said to be the minor on the date of offence; 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/-