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High Court Of ChhattisgarhMCRC/9699/2021dismissed

Vijay Chandrakar v. State Of Chhattisgarh

2021-12-08Hon'Ble Shri Justice Parth Prateem Sahu2 pages

NAFR HIGH COURT of CHHATTISGARH, BILASPUR MCRC No. 9699 of 2021 • Vijay Chandrakar S/o Krishna Chandrakar aged about 24 Years R/o - Village Godela, Tehsil Gunderdehi, District-Balod (C.G.) ------Applicant

VERSUS

• State of Chhattisgarh Through SHO, Police Station Arjunda, District Balod, Chhattisgarh.

-------Non-applicant For Applicant : Mr. Avinash Chand Sahu, Advocate For Non-applicant : Mr. Ankur Kashyap, Panel Lawyer Single Bench: Hon'ble Shri Parth Prateem Sahu, Judge

ORDER

08/12/2021 1.

First bail application filed by applicant under Section 439 of CrPC was dismissed as withdrawn vide order dated 16.11.2021 reserving liberty in favour of application to revive the application for grant of bail after examination of prosecutrix. 2.

Applicant has filed this second bail application under Section 439 of CrPC for grant of regular bail as he has been arrested in connection with Crime No. 108/2021 registered at Police Station Arjunda, District Balod (C.G.) for the offence punishable under Section 366, 376-2-3, 376-2, 452, 384, 294, 506, 323, 34 of IPC and Section 4 & 5(l)/6 of POCSO Act.

3.

Mr. Avinash Chand Sahu, learned counsel for the applicant submits that prosecutrix got examined before the trial Court on 01.11.2021 and there are contradictions and omissions in her statement, hence, this second bail application may be admitted and applicant may be released on regular bail.

4.

Mr. Ankur Kashyap, learned State counsel opposes the submission of learned counsel for applicant and would submit that prosecutrix in her statement before the Court has supported the case of prosecution. In support of his contention, learned State counsel read-over the contents of paragraph 3 of statement of prosecutrix.

5.

I have heard learned counsel for the parties. 6.

Considering the nature of allegations, facts and circumstances of the case, statement of prosecutrix, particularly, paragraph 3 of her deposition before the Trial Court, I do not find any good ground is made out to entertain this second bail application. 7.

Accordingly, second bail application filed by applicant for grant of bail is dismissed.

Sd/- (Parth Prateem Sahu) Judge P a w a n