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High Court Of ChhattisgarhMCRC/5300/2018dismissed

Arun Verma v. State Of Chhattisgarh

2018-09-05Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5300 of 2018 Arun Verma S/o Sundarlal Verma Aged About 40 Years R/o Siddh Baba Tahsil And P. S. Bhatapara Urban District Baloda BazarBhatapara Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, P. S. Bhatapara Urban District Baloda Bazar-Bhatapara Chhattisgarh. ---- Respondent For the Applicant :

Shri Amiyakant Tiwari, Advocate For the State :

Shri Vinod Tekam, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /09/2018 1.

This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court. 2.

Perused the case diary provided by the counsel for the State in connection with the Crime No. 64/2018 registered at Police Station Bhatapara Urban, District Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 376 of IPC and Section 04 of POCSO Act. 3.

Case of the prosecution, in brief is that the prosecutrix is near about 15-16 years old. Applicant is her step father. Since back June 2017 applicant committed forcibly sexual intercourse so many times with the prosecutrix. 4.

Counsel for the applicant argued that the applicant is innocent and falsely implicated in the present case, therefore, he shall be released on bail. 5.

On the other hand, learned counsel for the State opposes the bail application.

6.

Looking to the facts and circumstances of the case, looking to this fact that applicant is step father of the prosecutrix, looking to the seriousness of the alleged offence and also the impact of granting bail on the society, this Court is not inclined to grant bail to the applicant. 7.

Consequently, the MCRC is dismissed.

Sd/- (Sharad Kumar Gupta) Judge Kamde