Rikhiram Chandravanshi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7957 of 2018 Rikhiram Chandravanshi S/o Hatairam Chandravanshi Aged About 29 Years R/o Village Nawapara, P. S. Pandatarai, Civil And Revenue District Kabirdham Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through The Police Station Pandatarai, Civil And Revenue District Kabirdham Chhattisgarh ----Non-applicant For Applicant :

Mr. Dinesh Tiwari, Advocate For State :

Mr. R.N. Pusty, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 30/10/2018

1. This is an application filed under Section 439 Cr.P.C. for grant of bail to the applicant, who has been arrested in connection with Crime No. 86/2018 registered at Police Station Pandatarai, District Kabirdham, Chhattisgarh for the offence punishable under Sections 324, 506 Indian Penal Code and 3 (?k) 4 Protection of Children from the Sexual Offences Act, 2012

2. The present applicant is in jail since 10.06.2018 in connection with the aforesaid Crime number.

3. The allegation against the present applicant is that the present applicant on the date of incident is said to have caught hold of the victim and taken him to the field, where sugarcane was grown and in the said field the present applicant is said to have attacked the victim and tried to outrage the modesty of the victim and in the course the victim is said to have received injuries.

4. The counsel for the applicant submits that it is a case where the applicant has been falsely implicated in the instant case at best it could only being an offence under the POCSO Act which could be made out, neither is there the ingredients for the offence under Section 324 nor is there ingredients in which the offence under Section 506 could be made out.

5. The State counsel on the contrary referring to the statement of the victim specifically drew the manner in which the present applicant assaulted the victim.

6. Given the facts and circumstances of the case, this Court is of the opinion that it is not a fit case for grant of bail to the applicant. Accordingly, the present application for grant of bail is rejected. Sd/- (P. Sam Koshy) Judge Ved