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High Court Of ChhattisgarhMCRC/7469/2020dismissed

Jagnath Gawde v. State Of Chhattisgarh

2020-12-11Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 7469 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7469 of 2020 • Jagnath Gawde S/o Ramji Gawde, Aged About 35 Years By Caste Gond, R/o Village Kodapakha, Thana And Tahsil Durgukondal, District U.B.Kanker Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Durgukondal, District U.B.Kanker Chhattisgarh.

---- Respondent For Applicant :- Mr. Parag Kotecha, Advocate For Respondent-State :- Mr. Ravish Verma, G.A.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 11/12/2020

1. The applicant has preferred this application filed under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with crime No.26/2020 registered in Police Station Durgukondal Distt. U.B. Kanker for the offence punishable under Sections 376, 506 of the I.P.C.

2. Applicant, a government servant sexually assaulted the prosecutrix for about six years and later on refused to marry her. The offence was committed despite the fact that the applicant was already married and the prosecutrix is his own

MCRC No. 7469 of 2020 sister-in-law (saali). Material available in the case diary also alleges that the applicant has performed yet another marriage after the present incident.

3. Learned State counsel would oppose the prayer for grant of bail.

4. Considering the entire fact situation of the case, I am not inclined to release the applicant on bail at this stage. However, reserving liberty in favour of the applicant to move again after examination of the prosecutrix.

SD/- (Prashant Kumar Mishra) Judge Ayushi