Lalu Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2604 of 2016 • Lalu Yadav S/o Nohar Yadav Aged About 18 Years R/o Village Kavirajatola, Thana Lalbag, District Rajnandgaon, Chhattisgarh.

---- Petitioner

Versus

• State of Chhattisgarh Through Thana Lalbag, District Rajnandgaon, Chhattisgarh.

---- Respondent For the applicant :

Mr. Sameer Singh, Advocate For the Respondent :

Mr. Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 21.06.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 30/2016 registered at P.S. Lalbag, Distt. Rajnandgaon (C.G) for the offence punishable under Section 376 IPC and Sections 4 & 6(e) of Protection of Children from Sexual Offe3nces Act.

2. As per the prosecution case, on 24.01.2016 the applicant committed sexual assault on the victim who was aged about 6 years and 4 months, thereby the offence is committed.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated, no direct evidence is available against this applicant and only on presumption, the applicant has been incuplated.

4. Per contra, learned State Counsel opposes the bail.

5. Considering the statements of witnesses which also contain

the statement of eye-witness Ganesh Yadav, I am not inclined to release the applicant on bail. Accordingly, the bail application is rejected.

Sd/- GOUTAM BHADURI JUDGE R a o