Manbodh Prajapati v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4705 of 2016 Manbodh Prajapati, S/o Lakhan Prajapati, Aged About 23 Years, R/o. Village -Amora, P.S. Jarhagaon, District Mungeli Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh Through : Station House Officer, Police Station Jarhagaon, District Mungeli Chhattisgarh ---- Respondent For Applicant :- Mr. Rajeev Kumar Dubey, Advocate For Respondent/ State :- Mr. Neeraj Sharma, Dy. G.A Hon'ble Shri Justice Goutam Bhaduri Order On Board 29/07/2016 1.

This is the second 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. 131/2015 registered at Police Station- Jarhagaon, District Mungeli (C.G.) for the offence punishable under Sections 450,376 of Indian Penal Code and section 3(1)(xi) & 3(2) (v) of Scheduled Caste / Scheduled Tribe (Prevention of Atrocities) Act, 1989. 2.

The first bail application of the applicant was dismissed on 02.12.2015 in M.Cr.C. No. 6057 of 2015, however, the liberty was given to repeat the bail application after examination of the prosecutrix.

3.

Case of the prosecution, in brief, is that a report was made by the prosecutrix that the applicant developed relation and thereafter on the pretext of marriage committed sexual intercourse with her and subsequent refused to marry and therefore the offence has been registered.

4.

Counsel for the applicant submits that the prosecutrix could not be examined as she is not traceable. He further submits that one year has been passed and the applicant was given liberty to repeat the bail petition after examination of the prosecutrix, therefore, since the prosecutrix is not turning up for giving the evidence, the applicant may be enlarged on bail.

5.

On perusal of the earlier rejection order dated 02.12.2015, considering the fact that the liberty was given to repeat the bail petition after examination of the prosecutrix and till today the prosecutrix is still to be examined, therefore, no change of circumstances, appears to have been taken place to reconsider the bail again. Therefore, in view of this, I am not inclined to reconsider the second bail petition.

6.

Accordingly, the second bail application is dismissed at the motion stage.

Sd/- (Goutam Bhaduri) Judge Santosh