Koushal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2104 of 2017 Koushal, S/o. Komal Verma, Aged About 23 Years, R/o. Chicha, Police Station- Bori, Tahsil & District Durg, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh, Through Station House Officer, Police Station- Bori, District Durg, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Roshan Dubey, Advocate.

For Respondent :

Mr. Anupam Dubey, Dy. Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 29.03.2017 1.

This is the second bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.39/2016 registered at Police Station- Bori, District Durg (C.G.) for the offence punishable under Sections 376, 506, 450, 345 of Indian Penal Code and Section 3, 4, 5-B & 6 of the Protection of Children from Sexual Offences Act, 2012. The first bail application was dismissed as withdrawn on 08.07.2016 in MCRC No.3372 of 2016 with liberty to repeat the same after examination of the prosecutrix. 2.

On being asked to the learned counsel for the applicant whether the prosecutrix has been examined or not, it is stated that till date the prosecutrix has not been examined.

3.

Considering the same and reading of the earlier order dated 08.07.2016, I do not find any change of circumstances to reconsider this second bail application.

4.

Accordingly, the bail application is dismissed at the admission stage itself.

Ashok Sd/- (Goutam Bhaduri) Judge