Bharat Rathia v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 4564 OF 2015

1. Bharat Rathia S/o Om Prakash Rathia aged about 19 years

2. Galochan Rathia S/o Chamra Ram Rathia aged about 23 years

3. Goutam Singh Rathia S/o Fir Singh Rathia aged about 20 years All R/o village Solva Thana Shyang District Korba (C.G.) ---Applicants

Versus

State of Chhattisgarh, through Police Station Shyang, District Korba (C.G.). ---Non-applicant For Applicants :

Mr. Vimlesh Bajpai, Advocate.

For-Non-applicant :

Mr. O.P. Sahu, G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 07/09/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 1/2015, registered at Police Station Shyang, District Korba (C.G.), for the offence punishable under Sections 376(d), 506/34 of I.P.C. & 6 POCSO.

2.

After hearing learned counsel appearing for the parties and taking into consideration the facts and circumstances of the case; the manner in which prosecutrix is said to have gang raped by the applicants on 24/06/2015 and the material collected by the prosecution against the applicants, this Court is not inclined to release the applicants on regular bail. 3.

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

4.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari