Shatrughan Lal Sen v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6775 of 2020 • Shatrughan Lal Sen S/o Shri Gangaram Sen Aged About 52 Years R/o Village Kopra, P.S. Panduka, District Gariyaband (Chhattisgarh) ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Rajim, District Gariaband (Chhattisgarh) ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Pragalbha Sharma, Advocate For Respondent :

Ms. Sunita Jain, G.A.

--------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 06.01.2021

1. The applicant has preferred First Bail application u/s 439 of Cr.P.C. for grant of regular bail as he is arrested on 06.09.2020 in connection with Crime No. 160/2020 registered at Police Station Rajim, District Gariaband C.G. for offence punishable under sections 376, 450 of IPC.

2. As per the prosecution case, on 02.09.2020 the applicant who was a primary health worker went to the house of prosecutrix who are number in 3 and stated that he has to check Covid-19 infection and in such furtherance committed sexual assault with the three women.

3. Learned counsel for the applicant would submit that the narration as has been made will be highly improbable and the doctor medical report is based on oral submission. He further submits that the applicant has been wrongly implicated, therefore, the applicant may be enlarged on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail and submits that the applicant has committed the said offence with as many as 3 prosecutrix in between 02.09.2020 to 04.09.2020.

5. Perused the statement of the prosecutrix. Considering the statement of the prosecutrix, I am not inclined to release the applicant on bail.

6. Accordingly, the bail application is dismissed. Sd/- (Goutam Bhaduri) Judge Jyoti