Arun Sinha v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7256 of 2021 Arun Sinha, S/o. Shri Gopal Sinha, Aged About 23 Years, R/o. Motipur, Rajnandgaon, Tahsil And District Rajnadgaon, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through Aarakshi Kendra Kotwali, Chowki Chikhli, P.S. (Kotwali), District Rajnandgaon Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Arvind Dubey, Advocate For Respondent :

Mr. Raghvendra Verma, Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 10.12.2021 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.272/2021 registered at Police Station- Kotwali, Chowki Chikhli, District Rajnandgaon, for the offence punishable under Section 363, 366, 376(3), 376(2)(N) of Indian Penal Code & Section 4 & 6 of the Protection of Children From Sexual Offences Act, 2012.

2.

As per the prosecution case, a report was lodged by the mother of the victim on 27.05.2021 that while she was returned from some job, she saw her daughter was sitting outside. She was in the state of fear and when she asked, it was disclosed that 3-4 months back, she was subjected to rape by the present applicant and others. She being minor, the offence has been registered. 3.

Learned counsel for the applicant would submit that at the same time there are 4 to 6 FIR has been lodged wherein different accused have been named, which shows that all the allegations are

false as similar kind of allegations have been made in all the FIR. Therefore, the applicant may be released on bail. 4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the statement of the victim and also the different FIR, which are placed on record. On 28.10.2021, the victim alongwith her mother appeared before this Court through video conferencing from DLSA and they objected to grant bail to the applicant. 6.

Considering the statement and the different FIR wherein occurrence of the incident at a different time has been reported, I am not inclined to release the applicant on bail. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is dismissed. Sd/- (Goutam Bhaduri) Judge Ashok