Ramadhar Ram Yadav And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3353 of 2016

1. Ramadhar Ram Yadav S/o Late Babai Yadav, Aged About 55 Years, Caste Ahir, Occupation : Agriculturist,

2. Brijlal Yadav S/o Rambichar Yadav, Aged About 45 Years, Caste Ahir, Occupation Agriculturist, Both R/o of Village Gaybudha, Chowki Pandrapath, Thana, Bagicha, Tahsil Bagicha, District Jashur Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through : Station House Officer, Police Chowki, Pandrapath, Police Station : Bagicha, District : Jashpur Chhattisgarh ---- Respondent For applicant - Shri Sushil Dubey, Advocate. For Respondent/State - Shri Arvind Shukla, PL. Hon'ble Shri Justice Goutam Bhaduri Order 7/07/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.181/2015 registered in Police Station Bagicha, District Jashpur (C.G.) for offence punishable under sections 450, 376 (D), 506 of Indian Penal Code. 2.

As per the prosecution case on 28/09/2015 at about 3 am when the prosecutrix went out from her house to answer the call of nature, the applicants caught hold of her and stated that her husband has committed rape with sister of the applicant and in revenge thereof rape was committed. Subsequently, on 29/09/2015 report was made. 3.

Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. He submits that prosecutrix is 40 years lady having three children and nature of allegation would show that as a counter blast to the earlier case, report is made, therefore the

applicant may be released on bail.

4.

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

Perused the statement of the prosecutrix wherein categorical allegations have been alleged. Considering such statement, this court is not inclined to release the applicant on bail. 6.

Accordingly, the bail application is dismissed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri