Dinesh Kumar Mandavi v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3581 of 2016 Dinesh Kumar Mandavi, S/o. Late Suklal Mandavi, Aged About 20 Years, Caste Ganda, R/o. Village Ghumsimunda, P.S. & Tahsil Antagarh, District Uttar Bastar, Kanker, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through the Station House Officer, Police Station Antagarh, District Uttar Bastar, Kanker, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. P.P.Sahu, Advocate For Respondent :

Mr. Lav Sharma, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 13.07.2016 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.48/2015 registered at Police Station- Antagarh, Distt. Uttar Bastar Kanker (C.G.) for the offence punishable under Section 366, 376/34 of Indian Penal Code and Section 3(1)(12) & 3(2)(5) of SC/ST (Prevention of Atrocities) Act.

2.

Case of the prosecution, in brief, is that the prosecutrix/victim was abducted by one Man Singh and the present applicant and thereafter Man Singh committed sexual intercourse with her. The allegation against the applicant is that he aided the other coaccused Man Singh and helped him to abduct the girl, thereby, the offence is committed.

3.

Learned counsel for the applicant would submit that the applicant was with the other co-accused Man Singh while the girl was taken

away from Kanker to Narayanpur and thereafter from Narayanpur the girl alongwith Man Singh went to Kondagaon and thereafter to Kalibeda and at different places and the allegation of sexual assault is not on this applicant, therefore, taking into the facts of the case and degree of allegation, the applicant may be released on bail. 4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the statement of the victim under Section 161 & 164 of Cr.P.C. wherein the main allegation of sexual assault is attributed to the other co-accused Man Singh. Taking into such statement the applicant helped the abduction and further considering the degree of allegation against the applicant, I am inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Ashok