Sunil Banjare v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

4 9 of 201 Sunil Banjare, son of Surit Ram Banjare, aged about 19 years, Caste Satnami, resident of village Khamhariya Lawan, Ward No.15, Police Station Kasdol, District Baloda Bazar-Bhatapara (C.G.) ---- Applicant

Versus

State Of Chhattisgarh: Through Station House Officer, Police Station Kasdol, District Baloda Bazar-Bhatapara (C.G.) -----Non-applicant For Applicant:

Mr. S.K. Guha, Advocate.

For Respondent/State:

Mr. Suvigya Awasthy, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board /0 3/ 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. 507/2015 registered at Police Station Kasdol for the offences punishable under Sections 376, 109, 34 of Indian Penal Code. (2) Case of the prosecution, in brief, is that applicant enticed the prosecutrix on the pretext of marriage and committed rape upon her and thereby committed the aforesaid offences. (3) After hearing learned counsel appearing for the parties; and taking into consideration the nature and gravity of the

offences; role of the applicant, age of the prosecutrix and the manner in which the rape is said to have been committed by the applicant with the prosecutrix; and the fact that case of the present applicant is distinguishable to the other co-accused person, who have been granted bail, I am not inclined to release the applicant on bail. Thus, the bail application is rejected. Sd/- (Sanjay K. Agrawal) Judge D/-