Baijnath Korwa v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.7376 of 2016 • Baijnath Korwa S/o Bhola Korwa Aged About 21 Years R/o Village Nya Masjidpara, Kankpur Police Station Ramanujganj, District Balrampur, Ramanujganj, Chhattisgarh.

---- Petitioner

Versus

• State Of Chhattisgarh Through Police Station- Ramanujganj, DistrictBalrampur-Ramanujganj, Chhattisgarh ---- Respondent For Petitioner :

Shri Vikash Pandey, Advocate For Respondent/State :

Shri Manish Nigam, PL S.B. :

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 05/12/2016 Heard.

2.

The applicant has moved this application under Section 439 of the Cr.P.C. for grant of regular bail in connection with Crime No.77/2016 registered at Police Station Ramanujganj, for the offence punishable under Section 376, 450 of IPC and Section 5 (B) and 6 of the Protection of Children from Sexual Offences Act, 2012. The applicant has been arrested on 04-09-2016. 3.

Case of the prosecution is that the applicant committed rape on the prosecutrix, who is 14 & 1⁄2 years of age.

4.

Learned counsel for applicant submits that he has been falsely implicated in this case without there being any involvement. 5.

On the other hand, learned State counsel opposed the prayer for grant of bail.

6.

Taking into consideration the submission of learned counsel for the

parties, particularly taking into consideration the age of the prosecutrix and the statement of the prosecutrix recorded under Section 164 Cr.P.C., I am not inclined to grant bail to the applicant.

7.

In the result, the application is rejected.

Sd/- ( Manindra Mohan Shrivastava) J U D G E Tumane