Tularam v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet MCRC No. 6120 of 2019 Tularam S/o Shri Puran Dhritlahre Aged About 40 Years R/o Village Podi, Police Station Bilha, District Bilaspur Chhattisgarh. ---- Petitioner

Versus

State of Chhattisgarh through the Station House Officer, Police Station Masturi, District Bilaspur Chhattisgarh. --- Respondent 18.10.2019 Mr. Akath Yadav, counsel for the petitioner.

Mr. Atanu Ghosh, P.L., for the State.

This is third bail application filed under section 439 of the Code of Criminal Procedure in connection with Crime No.377 of 2016 of Police Station Masturi, Distt. Bilaspur for the offences punishable u/s 377 & 342/34 of IPC and section 4 of POCSO Act, 2012.

The first bail application was dismissed on 10.01.2017as withdrawn and the second one was dismissed on 22.4.2019. As per the prosecution case, a report was made by few of the victims on 01.10.2016 stating that in between 03.07.2016 and 03.08.2016, the applicant called one of the Tantrik to perform witchcraft in his house and few of the boys were called at separate point of time and were subjected to unnatural sex and the boys were threatened that if they do not cooperate, their parents would die, thereby the offence has been committed.

Considering the nature of allegations attributed to the present applicant and after going through the earlier order dated 22.04.2019 passed by this Court, the case of this

applicant cannot be compared to the other accused who have been enlarged on bail in M.Cr.C. No. 6054/ 2018 and M.Cr.C. No. 8065 of 2017. Therefore, I do not find any change of circumstances so as to reconsider the grant of bail and allow this bail application at this stage. Accordingly it is rejected. Sd/- (Goutam Bhaduri) Judge R a o