Sanjay Gond v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.4806 of 2015 Sanjay Gond, aged about 28 years, S/o Vasudeo Gond, R/o Kandrapara, Dongargarh, Distt.Rajnandgaon ---Applicant

Versus

The State of Chhattisgarh, through District Magistrate, Rajnandgaon ---Non-applicant For Applicant :

Mr. Parag Kotecha, Advocate For Non-applicant :

Mr. Vivek Singhal, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 14/09/2015 1.

This is the first 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.291/2015, registered at Police Station-Dongargarh, District-Rajndnagaon (C.G.), for the offence punishable under Sections 376 and 454 of the IPC.

2.

I have heard learned counsel appearing for the parties and taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence and the manner in which on 9.7.2015 the applicant is alleged to have entered into the house of the prosecutrix and said to have committed forceful sexual intercourse with the prosecutrix who is said to be mentally retarded woman of 26 years, this Court is of the opinion that present is not a fit case, in which, the applicant should be enlarged on regular bail.

3.

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

4.

Certified copy as per rules.

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