Mahesh Kumar Dhobi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 393 of 2018 Mahesh Kumar Dhobi S/o Peelaram, Aged About 17 Years, 6 months, R/o Nehru Nagar, Batari, Dipka, Police Station Dipka, Tah. Katghora, District Korba Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police StationA.J.K. Korba, District Korba, Chhattisgarh ----Non-applicant For Applicant :

Mr. U.R. Koshaley, Advocate For State :

Mr. Aushutosh Pandey, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 28/03/2018

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. 98/2016 registered at Police Station A.J.K. Korba, District Korba, Chhattisgarh for the offence punishable under Section 376 of Indian Penal Code and under Sections 6 & 4 of the Protection of Children from the Sexual Offences Act, 2012 and 3(2)(5) of the S.C. S.T. (Prevention of Atrocities) Act, 1989.

2. The present applicant is in jail since 02.08.2016 in connection with the aforesaid Crime number.

3. The allegation against the present applicant as per the case of prosecution is that the present applicant is said to have raped a 5 years' old minor girl.

4. Perusal of the record appears that most of the prosecution witnesses have all been examined and the most of the witnesses have supported the case of the prosecution.

5. Thus, given the evidence which have come on record and also considering the gravity of the offence, this Court is of the opinion that it is not a fit case for grant of bail, the same therefore deserves to be and is accordingly rejected.

Sd/- (P. Sam Koshy) Judge Ved