Smt. Sapna @ Gappo Beriya v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet MCRC No. 6641 of 2017 (Arising out of Crime No. 243 of 2017 registered at P.S. Tarbahar, Distt. Bilaspur for the offences punishable u/ss 363, 366, 354, 354-D, 366-A of IPC and Section 8 of the the Protection of Children from Sexual Offences Act) ...

Smt. Sapna @ Gappo Beriya W/o Roshan Beriya Aged About 30 Years R/o Bapu Nagar, Police Station- Torwa, Bilaspur, Civil & Revenue District- Bilaspur, Chhattisgarh. ---- Petitioner

Versus

State of Chhattisgarh through- Station House Officer, Police Station- Tarbahar, District Bilaspur, Chhattisgarh. --- Respondent 05.12.2017 Ms. Upasana Mehta, counsel for the applicant. Mr. Suryakant Mishra, Panel Lawyer, for the State. This is first bail application filed u/s 439 of the Code of Criminal Procedure for grant of bail to the applicant. As per the prosecution case, a report was made by the mother of victim girl that she was missing. Subsequently when the girl was found, it was revealed that the present applicant has given a chocolate to the victim whereby she lost her consciousness and thereafter she had been taken to Raipur, Raigarh and other different places. Learned counsel for the applicant submits that the only allegation against the present applicant is that she has given a chocolate and no further sexual assault has been attributed to her. He further submits that the charge sheet has been filed and the applicant is in jail since 06.08.2017, therefore, she may be enlarged on bail.

Per contra learned State Counsel opposes the bail application.

Perused the statement of victim aged about 15 years. Considering her statement, I am not inclined to allow this bail application. Accordingly, it is rejected . Sd/- GOUTAM BHADURI JUDGE R a o