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High Court Of ChhattisgarhMCRC/4501/2015rejected

Thakur Ram Dhivar v. State Of Chhattisgarh

2015-10-16Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.4501 OF 2015 Thakur Ram Dhivar, S/o Khelawan Dhivar alias Lala Dhivar, aged about 20 years, R/o Gullu, Police Station Arang, District Raipur (CG) ---Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station Civil Lines, Raipur, District Raipur (CG) ---Non-applicant For Applicant :

Mr. Ashish Surana, Advocate.

For-Non-applicant :

Mr. Anant Bajpai, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 16/10/2015 1.

This is the second bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.304/2014, registered at Police Station-Civil Lines, Raipur, District-Raipur (C.G.), for the offence punishable under Sections 363, 366 & 376 of the IPC read with Section 4 of the Protection of Children from Sexual Offence Act, 2012. 2.

This is second bail application. First bail application of the applicant was dismissed as withdrawn vide order dated 12.1.2015 passed in M.Cr.C.No.2 of 2015.

3.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; age of the prosecutrix on the date of commission of offence i.e. 16 years and the material collected by the prosecution, this Court is not inclined to release the

applicant on regular bail.

4.

Accordingly, bail application filed under Section 439 of the Cr.P.C. is rejected.

5.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE B/-