Milku Ram Manjhi v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BIL Order Sheet MCRC No. 5986 of 2015 • Milku Ram Manjhi S/o Nan Sai Manjhi, Aged about 23 Years, R/o Village Basapara Kot, Police Station Sitapur, District - Surguja, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through - The Police Station Sitapur, District Surguja Chhattisgarh ---- Respondent Pe 16.11.2015 Mr. Rakesh Pandey, counsel for the applicant. Mr. Anil S. Pandey, Govt. Advocate, for the State. This is an application filed u/s 439 of the Code of Criminal Procedure for grant of bail to the applicant in connection with Crime No.120/2015 registered at P.S. Sitapur, District Surguja, (C.G) for the offence punishable u/s 376, 376(2)(f), 323 of IPC and Section 3(a) and 4, 5l/6 of Protection of Children from Sexual Offences Act, 2012. As per the prosecution case, the prosecutrix aged about 15 years lodged an FIR alleging that on 27.5.2015, the present applicant came on motorcycle, took her and thereafter committed sexual intercourse with her and also assaulted her. After assaulting, the applicant fled away from the spot.

Learned counsel for the applicant submits that the applicant has been falsely been implicated in this case and the prosecutrix fell in love with the applicant and therefore she accompanied the applicant and a false report has been made.

Per contra, learned State Counsel opposes the bail. Having regard to the statement of the prosecutrix , I am not inclined to release the applicant on bail. Accordingly, the bail application is rejected. Sd/- GOUTAM BHADURI JUDGE Rao