Surya Prakash Pal v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2542 of 2016 Surya Prakash Pal, S/o. Ramnath Pal, Aged about 19 years, R/o. Patel Colony, Station Maroda, P.S. Newai, District Durg (C.G.). ---- Applicant
Versus
State Of Chhattisgarh, Through Police Station Incharge, P.S. Newai, District Durg, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :
Mr. Rudranath Mukherjee, Advocate For Respondent :
Mr. Anant Bajpai, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 22.06.2016 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.286/2015, registered at Police Station- Newai, District Durg (C.G.) for the offence punishable under Section 376 of Indian Penal Code and 3 & 4 of POSCO Act.
2.
Case of the prosecution, in brief, is that the applicant committed forceful sexual intercourse with the victim who is 13 years of age on 01.11.2015 and when the victim resisted and assaulted the applicant, she could escape from the clutches of the applicant. 3.
Learned counsel for the applicant would submit that the victim has been examined and reading of her statement would show that she has not supported the case of the prosecution, therefore, the applicant may be enlarged on bail.
4.
Per contra, learned State counsel opposes the prayer for grant of bail.
5.
Perused the statement of the prosecutrix, who is 13 years of age. Taking into such statement, the cross-examination cannot be appreciated at this stage, in the examination in chief, the commission of offence has been stated. In view of this, I am not inclined to release the applicant on bail.
6.
Accordingly, the bail application filed under Section 439 of Cr.P.C. is rejected.
Sd/- (Goutam Bhaduri) Judge Ashok