Balkumari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4209 of 2017 Balkumari D/o Bhandari Sahu, Aged About 25 Years R/o Village Devadand Police Station Khadgawa District Korea Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Of Police Station Khadgawa, District Korea Chhattisgarh ---- Respondent For applicant Mr. P.K. Patel, Adv.

For Respondent/State Mr. Sumit Jhanwar, Panel Lawyer.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 26-71. Heard finally.

2. The applicant has preferred this application for grant of bail as he is arrested on 12-9-2017 in connection with Crime No. 133/2015 registered in PS Khadgawa, Distt. Korea (CG) for offence punishable under Section 363, 366, 366(A), 372 of the IPC, Section 4, 5, 9 and 10 of the Protection of Children from Sexual Offences Act, 2012 and penal offence attracted under the relevant provisions of the Prohibition of Child Marriage Act, 2006. He submits that co-accused Lalchand was granted bail by the coordinate bench in MCRCR No. 7678/2017 on 5-12-2016. The present applicant is in custody since long. He may be granted bail.

3. Per contra, learned counsel for the State opposes the argument advanced on behalf of the applicant and submits that the applicant had sold the prosecutrix for the purpose of prostitution, to compel her for illicit intercourse. Hence looking to the evidence collected, instant MCRC may be dismissed.

4. Perused the entire material.

5. On consideration of the role of the present applicant surfaced in the charge sheet, the offence is grievous and I am not inclined to grant bail to the applicant.

6. Instant MCRC is dismissed.

Sd/- (Chandra Bhushan Bajpai) Judge Pathak