Ravi Kumar Harijan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7128 of 2016 Ravi Kumar Harijan S/o Late Sri Bhagwan Das Harijan Aged About 20 Years R/o Mouharpara, Ward No. 8 R/o Manendragarh, District Koria, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Manendragarh, District Koria, Chhattisgarh. ---- Respondent For applicant - Shri Syed Majid Ali, Advocate. For Respondent/State - Shri U.K.S. Chandel, PL. Hon'ble Shri Justice Goutam Bhaduri Order 17/11/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.231/2016 registered in Police Station Manendragarh, District Koria (CG) for offence punishable under sections 376, 323/34 of Indian Penal Code & Section 3(2)(5) of S.T./S.C. (Prevention of Atrocities) Act as per charge sheet. 2.

As per the prosecution case, a report was made by the prosecutrix on 24/06/2016 that on 23/06/2016 while she was coming from the market, at that time the applicant alongwith co-accused stopped her, assaulted his brother took prosecutrix to nearby canal and one of the co-accused committed forceful rape.

3.

Learned counsel for the applicant submits that no allegation of rape is attributed to the applicant whereas allegation of rape is against other co-accused, 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 victim as also statement of brother Deepak Singh who was assaulted wherein it is stated that brother of the victim was assaulted and the victim was dragged, thereafter one of the

co-accused committed rape. Taking into such statement, this court is not inclined to release the applicant on bail.

6.

Accordingly, the bail application is dismissed. Sd/- (Goutam Bhaduri) JUDGE gouri