Shushil Lakda v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7245 of 2018 Shushil Lakda S/o Bagar Sai Aged About 21 Years R/o Podi Kala, Pandrapara, Police Station Darima, District Surguja Chhattisgarh, ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Ambikapur, District Surguja Chhattisgarh ---- Respondent For applicant - Shri Anurag Singh, Advocate. For Respondent/State -Shri Aditya Sharma, PL. Hon'ble Shri Justice Goutam Bhaduri Order 30/10/2018 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.500/2015 registered in Police Station Ambikapur, District Surguja (C.G.) for offence punishable under section 376 (D) of IPC.

2.

As per the prosecution case on 5/09/2015 victim alongwith her friend were going to their relatives house at village Darima since it became dark they stayed in the house which was being constructed with the consent of some of the labourers and thereafter at about 9 ' clock applicant alongwith other co-accused came there forcefully committed rape and assaulted boy Sandeep.

3.

Learned counsel for the applicant submits that the applicant is in jail since 5/09/2015 and prosecutrix has not yet been examined, therefore the applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the statement of the prosecutrix. Considering the nature of allegation gang rape has been committed, this court is not inclined to

release the applicant on bail.

6.

Accordingly, the bail application is dismissed. However, learned trial court is requested to expedite the trial. Sd/- (Goutam Bhaduri) JUDGE gouri