Radheshyam Kewat v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 628 of 2017 • Radheshyam Kewat S/o Shri Dayaram Kewat, Aged About 35 Years, R/o Village- Gidhori, Thana- Ratanpur, District- Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer Ratanpur, DistrictBilaspur, Chhattisgarh ---- Non-applicant For Applicant - Shri Sumit Shrivastava, Advocate. For Respondent - Shri Arvind Shukla, Panel Lawyer. Hon'ble Shri Justice Chandra Bhushan Bajpai Order on Board 24-08-2017 1.

Heard the matter finally.

2.

Learned counsel for the applicant would submit that the applicant is apprehending his arrest in connection with Crime No.19/2017 registered at P.S. Ratanpur, Distt. Bilaspur, C.G for the offence under Section 450, 376 of the IPC and Section 6 of Protection of Children from Sexual Offences Act, 2012 (in short 'the POCSO Act'). Learned counsel for the applicant would further submit that the applicant is innocent, he is falsely implicated. He may be granted bail in the event of his arrest.

3.

Per contra, learned counsel for the State/non-applicant opposed the argument advanced on behalf of the applicant and would submit that the matter is under investigation. As per the material collected, it appears that age of the prosecutrix is 13 years and the matter is registered on the basis of report of the prosecutrix, it goes to show the criminal trespass of the applicant and he committed rape with the prosecutrix who is a child. 4.

Perused the matter.

5.

The matter is under investigation. After considering the material

-2collected presently, I am not inclined to grant bail to the applicant. Consequently, the instant MCRCA is hereby dismissed. Sd/- (Chandra Bhushan Bajpai) JUDGE Aadil