Gaindsingh Nagesh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5484 of 2020 • Gaindsingh Nagesh, son of Shri Gangaram Nagesh Aged About 33 Years R/o Village Charouda, Police Station Chhura, District Gariyaband, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Station Chhura, District Gariyaband, Chhattisgarh ---- Respondent For Applicant Mr. CR Sahu, Advocate For Respondent /State Mr. Fouzia Mirza, Additional Advocate General Proceedings through Video Conferencing SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 3/11/2020

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.93/2018 registered at Police Station Chhura, District Gariyaband (CG) for the offence punishable under Sections 376, 511 of the IPC.

3. The applicant has attempted to commit rape with a mentally

retarded girl. There is a statement of Gendlal, neighbour of the prosecutrix, who reached the place when the applicant was trying to ravish the prosecutrix. It is not that the applicant has only attempted to commit rape. Had Gendlal not reached the place, the applicant would have succeeded in committing the rape with the mentally retarded the girl.

4. In view of the nature of allegations, I am of the opinion that present is not a fit case to release the applicant on regular bail.

5. The bail application is dismissed.

Sd/- (Prashant Kumar Mishra) Judge Gowri