High Court Of ChhattisgarhMCRC/3154/2017dismissed

Bhajan Lal Jatav v. State Of Chhattisgarh

2017-07-12Hon'Ble Shri Justice Chandra Bhushan Bajpai2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3154 of 2017 Bhajan Lal Jatav S/o Yadram Jatav Aged About 55 Years R/o New Godam Basti, Thathipur, Ward No. 22, Gwaliyar, District Gwaliyar, Madhya Pradesh. Present Posted at A.S.I. Balaghat, Madhya Pradesh. ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Chhuriya, District Rajnandgaon, Chhattisgarh.

---- Respondent For applicant Mr. Sameer Singh, Adv.

For Respondent/State Mr. Neeraj Mehta, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 12-71. Heard finally.

2. The applicant has preferred this application for grant of bail as he is arrested on 20-4-2017 in connection with Crime No. 72/2017 registered in PS Chhuriya, Distt. Rajnandgaon (CG) for offence punishable under Section 376 of the Indian Penal Code, 1860.

3. Learned counsel for the applicant submits that after investigation charge sheet has been filed and the same is pending before the JMFC Rajnandgaon as criminal case No. 1563/2017. This is his first bail application before this Court. He is first offender. The incident is of 44-2017. FIR was lodged on 19-4-2017. Reasons for delay is shown as after informing her husband the prosecutrix lodged the FIR. As per facts, the husband of the applicant returned on 10-4-2017 but despite she had not informed her husband about the incident which goes to show that delay is unexplained. Charge sheet has been filed and the trial may take some time. Hence the applicant be granted bail. The applicant is also a government servant- Asstt. Sub Inspector, State Armed Forces posted at Gwalior, MP.

4. Per contra, learned counsel for the State opposes the arguments advanced on behalf of the applicant.

5. Perused the FIR, statement of the prosecutrix under Section 161 of the Cr.P.C. and also the statement of the husband of the prosecutrix.

6. Considering the entire facts surfaced in the FIR, statement of the prosecutrix and also the statement of the prosecutrix that in addition to the incident narrated by his wife on 19-4-2017, the applicant also came again in day time for taking her ijjat, I am not inclined to grant bail to the applicant.

7. Consequently, instant MCRC is dismissed.

Sd/- (Chandra Bhushan Bajpai) Judge Pathak