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High Court Of ChhattisgarhMCRC/7067/2015dismissed

Mandas Sahu v. State Of Chhattisgarh

2015-12-16Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7067 of 2015 Mandas Sahu S/o. Mohan Das Sahu, Aged About 29 Years, R/o. Village - Khaira, Police Station- Lalbagh, Civil and Revenue District Rajnandgaon (C.G.) ---- Applicant

Versus

State of Chhattisgarh Through Police Station Lalbagh, District Rajnandgaon (Chhattisgarh).

---- Respondent For Applicant :- Mr. Rakesh Thakur, Advocate For Respondent/ State :- Mr. Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 16/12/2015 1.

This is the first bail 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. 267/2015 registered at Police Station- Lalbagh, District - Rajnandgaon (C.G.) for the offence punishable under Sections 354,506(B) of IPC and section 8 of Prevention of Children from Sexual Offences Act, 2012.

2.

As per the prosecution case, in brief, is that on 16.08.2015 the victim who was aged about 9 years and 9 month, the applicant called the victim and tried to outrage her modesty of minor prosecutrix and also threatened her. Thereafter the report was lodged against the present applicant for the offence punishable under sections 354,506(B) of IPC and section 8 of Prevention of Children from Sexual Offences Act, 2012 and he was arrested on 16.08.2015

3.

Counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that no offence has been committed by the applicant because of old animosity he has been inculpated in this case; therefore, he may be enlarged on bail 4.

State counsel opposes the prayer for grant of bail. 5.

Perused the case diary and the documents. Considering the statement of the prosecutrix who was admittedly minor on the date of incident and taking the degree of allegation and statement, I am not inclined to allow this bail application.

6. Accordingly, the bail application is dismissed. Sd/- (Goutam Bhaduri) Judge Santosh